HomeMy WebLinkAbout07- ThinkOne on City of Bozeman Fire Station #3, 2007
1997 EDITION
AlA DOCUMENT 8141-1997
Standard Form of Agreement Between Owner and Archi teet
with Standard Form of Architect's Services
A G R E E MEN T made as of the
in the year Two thousand seven
(In words, indicate day, month and year)
day of
This document has important
legal consequences.
Consultation with an
attorney is encouraged
with respect to its
completion or modification.
BET WEE N the Architect's client identified as the Owner:
(Name. address and other information)
TABLE OF ARTICLES
City of Bozeman
Jamco Cochrung Chris Kukulski
P.O. Box 1230
Bozeman, MT 59771-1230
1.1 INITIAL INFORMATION
1.2 RESPONSIBILITIES OF THE
PARTIES
1.3 TERMS AND CONDITIONS
and the Architect:
(Name, address and other in/ormation)
William Hanson
101 East Main Street Studio One
Bozeman, MT 59715
1.4 SCOPE OF SERVICES AND
OTHER SPECIAL TERMS
AND CONDITIONS
1.5 COMPENSATION
For the following Project:
(Include detailed description of Project)
Fire Station #3: Design a new 9500 s.f. fire station in Bozeman, Montana.
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The Owner and Architect agree as follows.
(91997 AIA@
AlA DOCUMENT B141-1997
STANDARD FORM
AGREEMENT
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, <01997 by The American
Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecu-
tion.
WARNING: Unlicensed photocopying violates u.s. copyright laws and will subject the violator to legal prosecution.
The American Institute
of Architects
1735 New York Avenue, N.W.
washington, D.C. 20006-5292
ARTICLE 1.1 INITIAL INFORMATION
1.1.1 This Agrt~ement is based on the following information and assumptions.
(Note the disposition for the Iollowing items by inserting the requested information or a statement such as "not
applicable," "unknown at tinle of execution" or "to be determined later by mutual agreement.")
1.1.2 PROJECT PARAMETERS
1.1.2.1 The ohjective or use is:
(Identify or describe, if appropriate. proposed use or goals.)
1.1.2.2 The physical parameters are:
(Identify or describe. if appropriate, size, locatiun. dimensions. or other pertinent information.
such as geotechnical reports about the site.)
The fire station location shall be determined by the City of Bozeman prior to the
start of the Schematic Design Phase of the project.
1.1.2.3 T'he Owner's Program is:
(Identify documentation or state the manner in which the program will be developed.)
The Owner's Program shall be developed by the architect as an additional service
under this agreement.
1.1.2.4 The legal parameters are:
(Identify pertinent legal information. including. if appropriate. land surveys and legal descriptions and
restrictions of the site.) To be deternnimed
1.1.2.5 The financial parameters are as follows.
.1 Amount of the Owner's overall budget for the Project, including the Architect's
compensation, is: To be determined
.2 Amount of the Owner's budget for the Cost of the Work, excluding the Architect's
compensation, is: To be determined
1.1.2.6 The time parameters are: To be determined
(Identify, if appropriate. milestone dates, durations or fast track scheduling.)
1.1.2.7 The proposed procurement or delivery method for the Project is:
(Identifv method such as competitive [Jid, negotiated contract, or construction management.)
Construction Manager at risk.
1.1.2.8 Other parameters are:
(Identifv special characteristics or needs of the Project such as energy, environmental or historic preservation
requirements. )
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
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@1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
1.1.3 PROJECT TEAM
1.1.3.1 The Owner's Designated Representative is:
( List name, address and olher information.)
James Goehrung, Director of Facilities Services
P.O. Box 1230
Bozeman, MT 59771-1230
Phone: 406-582-3232
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.)
Chuck Wirm
Fire Chief, City of Bozeman
Phone: 406-582-2350
1.1.3.3 The Owner's other consultants and contractors are:
(List discipline and, if known, identify them by name and address.)
None
1.1.3.4 The Architect's Designated Representative is:
(List name, address and other information.)
Russell Harris
101 E. Main Street, Studio One
Bozemah, 59715
1.1.3.5 The consultants retained at the Architect's expense are:
(List discipline and, if known, identify them by name and address.)
Brian Harris: TCA Architecture
K1l-' Wt:t;::Ja. A;:>;:>oc.i6L~d CaI..~tI.'l1e:tion EHgil'ieerl3
Kurt Keith: Morrison-Maierle, Inc.
Per Hjalmarson: C & H Engineering
1.1.4 Other important initial information is:
1.1.5 \t\Then the services under this Agreement include contract administration services, the
General Conditions of the Contract for Construction shall be the edition of AlA Document A20l
current as of the date of this Agreement, or as follows:
1.1.6 The information contained in this Article I.l may be reasonably relied upon by the Owner
and Architect in determining the Architect's compensation. Both parties, however, recognize that
such information may change and, in that event, the Owner and the Architect shall negotiate
appropriate adjustments in schedule, compensation and Change in Services in accordance with
Paragraph 1.3.3.
WARNING; unlicensed photocopying violates u.S. copyrlghr laws and will subject the violator to legal prosecution.
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@1997 AIA@
AlA DOCUMENT B141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
ARTICLE 1.2 RESPONSIBILITIES OF THE PARTIES
1.2.1 The Owner and the Architect shall cooperate with one another to fulfill their respective
obligations under this Agreement. Both parties shall endeavor to maintain good working
relationships among all members of the Project team.
1.2.2 OWNER
1.2.2.1 Unless otherwise provided under this Agreement, the Owner shall provide full information
in a timely manner regarding requirements for and limitations on the Project. The Owner shall
furnish to the Architect, within 15 days after receipt of a written request, information necessary
and relevant for the Architect to evaluate, give notice of or enforce lien rights.
1.2.2.2 The Owner shall periodically update the budget for the Project, including that portion
allocated for 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 budget or a portion of the budget, without the agreement of the Architect
to a corresponding change in the Project scope and quality.
1.2.2.3 The Owner's Designated Representative identified in Paragraph 1.1.3 shall be authorized to
act on the Owner's behalf with respect to the Project. The Owner or the Owner's Designated
Representative shall render decisions in a timely manner pertaining to documents submitted by
the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the
Architect's services.
1.2.2.4 The Owner shall furnish the services of consultants other than those designated in
Paragraph 1.1.3 or authorize the Architect to furnish them as a Change in Services when such
services are requested by the Architect and are reasonably required by the scope of the Project.
1.2.2.5 Unless otherwise provided in this Agreement, the Owner shall furnish tests, inspections
and reports required by law or the Contract Documents, such as structural, mechanical, and
chemical tests, tests for air and water pollution, and tests for hazardous materials.
1.2.2.6 The Owner shall furnish all legal, insurance and accounting services, including auditing
services, that may be reasonably necessary at any time for the Project to meet the Owner's needs
and interests.
1.2.2.7 The Owner shall provide prompt written notice to the Architect if the Owner becomes
aware of any fault or defect in the Project, including any errors, omissions or inconsistencies in
the Architect's Instruments of Service.
1.2.3 ARCHITECT
1.2.3.1 The services performed by the Architect, Architect's employees and Architect's consultants
shall be as enumerated in Article 1.4.
1.2.3.2 The Architect's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. The Architect shall submit for
the Owner's approval a schedule for the performance of the Architect's services which initially
shall be consistent with the time periods established in Subparagraph 1.1.2.6 and which shall be
adjusted, if necessary, as the Project proceeds. This schedule shall include allowances for periods
of time required for the Owner's review, for the performance of the Owner's consultants, and for
approval of submissions by authorities having jurisdiction over the Project. Time limits
established by this schedule approved by the Owner shall not, except for reasonable cause, be
exceeded by the Architect or Owner.
WARNING: unlicensed photocopying violates u.S. copyright laws and will subject the violator to legal prosecution.
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(01997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, NW.
washington, D.C. 20006-5292
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101997 AIA@
AlA DOCUMENT B141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
1.2.3.3 The Architect's Designated Representative identified in Paragraph 1.1.3 shall be authorized
to act on the Architect's behalf with respect to the Project.
1.2.3.4 The Architect shall maintain the confidentiality of information specifically designated as
confidential hy the Owner, unless withholding such information would violate the law, create the
risk of significant harm to the public or prevent the Architect from establishing a claim or defense
in an adjudicatory proceeding. The Architect shall require of the Architect's consultants similar
agreements to maintain the confidentiality of information specifically designated as confidential
by the Owner.
1.2.3.5 Except with the Owner's knowledge and consent, the Architect shall not engage in any
activity, or accept any employment, interest or contribution that would reasonably appear to
compromise the Architect's professional judgment with respect to this Project.
1.2.3.6 The Architect shall review laws, codes, and regulations applicable to the Architect's
services. The Architect shall respond in the design of the Project to requirements imposed by
governmental authorities having jurisdiction over the Project.
1.2.3.7 The Architect shall be entitled to rely on the accuracy and completeness of services and
information furnished by the Owner. The Architect shall provide prompt written notice to the
Owner if the Architect becomes aware of any errors, omissions or inconsistencies in such services
or information.
ARTICLE 1.3 TERMS AND CONDITIONS
1.3.1 COST OF THE WORK
1.3.1.1 The Cost of the Work shall be the total cost or, to the extent the Project is not completed,
the estimated cost to the Owner of all elements of the Project designed or specified by the
Architect.
1.3.1.2 The Cost of the Work shall include the cost at current market rates of labor and materials
furnished by the Owner and equipment designed, specified, selected or specially provided for by
the Architect, including the costs of management or supervision of construction or installation
provided by a separate construction manager or contractor, plus a reasonable allowance for their
overhead and profit. In addition, a reasonable allowance for contingencies shall be included for
market conditions at the time of bidding and for changes in the Work.
1.3.1.3 The Cost of the Work does not include the compensation of the Architect and the
Architect's consultants, the costs of the land, rights-of-way and financing or other costs that are
the responsibility of the Owner.
1.3.2 INSTRUMENTS OF SERVICE
1.3.2.1 Drawings, specifications and other documents, including those in electronic form,
prepared by the Architect and the Architect's consultants are Instruments of Service for use sole-
ly with respect to this Project. The Architect and the Architect's consultants shall be deemed the
authors and owners of their respective Instruments of Service and shall retain all common law,
statutory and other reserved rights, including copyrights.
1.3.2.2 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive
license to reproduce the Architect's Instruments of Service solely for purposes of constructing,
using and maintaining the Project, provided that the Owner shall comply with all obligations,
including prompt payment of all sums when due, under this Agreement. The Architect shall
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WARNING: unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
obtain similar nonexclusive licenses from the Architect's consultants consistent with this
Agreement. Any termination of this Agreement prior to completion of the Project shall terminate
this license. Upon such termination, the Owner shall refrain from making further reproductions
of Instruments of Service and shall return to the Architect within seven days of termination all
originals and reproductions in the Owner's possession or control. If and upon the date the
Architect is adjudged in default of this Agreement, the foregoing license shall be deemed
terminated and replaced by a second, nonexclusive license permitting the Owner to authorize
other similarly credentialed design professionals to reproduce and, where permitted by law, to
make changes, corrections or additions to the Instruments of Service solely for purposes of
completing, using and maintaining the Project.
1.3.2.3 Except for the ljcenses granted in Subparagraph 1.).2.2, no other license or right shall be
deemed granted or implied under this Agreement. The Owner shall not assign, delegate,
sublicense, pledge or otherwise transfer any license granted herein to another party without the
prior written agreement of the Architect. However, the Owner shall be permitted to authorize the
Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to
reproduce applicable portions of the Instruments of Service appropriate to and for use in their
execution of the Work by license granted in Subparagraph 1.3.2.2. Submission or distribution of
Instruments of Service to meet official regulatory requirements or for similar purposes in
connection with the Project is not to be construed as publication in derogation of the reserved
rights of the Architect and the Architect's consultants. The Owner shall not use the Instruments
of Service for future additions or alterations to this Project or for other projects, unless the Owner
obtains the prior written agreement of the Architect and the Architect's consultants. Any
unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without
liability to the Architect and the Architect's consultants.
1.3.2.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic
form or the Owner providing to the Architect any electronic data for incorporation into the
Instruments of Service, the Owner and the Architect shall by separate written agreenlent set forth
the specific conditions governing the format of such Instruments of Service or electronic data,
including any special limitations or licenses not otherwise provided in this Agreement.
1.3.3 CHANGE IN SERVICES
1.3.3.1 Change in Services of the Architect, including services required of the Architect's
consultants, may be accomplished after execution of this Agreement, without invalidating the
Agreement, if mutually agreed in writing, if required by circumstances beyond the Architect's
control, or if the Architect's services are affected as described in Subparagraph 1.3.3.2. In the
absence of mutual agreement in writing, the Architect shall notify the Owner prior to providing
such services. If the Owner deems that all or a part of such Change in Services is not required, the
Owner shall give prompt written notice to the Architect, and the Architect shall have no
obligation to provide those services. Except for a change due to the fault of the Architect, Change
in Services of the Architect shall entitle the Architect to an adjustment in compensation pursuant
to Paragraph 1.5.2, and to any Reimbursable Expenses described in Subparagraph 1.3.').2 and
Paragraph 1.5.5.
1.3.3.2 If any of the following circumstances affect the Architect's services for the Project,
the Architect shall be entitled to an appropriate adjustment in the Architect's schedule
and compensation:
.1 change in the instructions or approvals given by the Owner that necessitate revisions in
Instruments of Service;
.2 enactment or revision of codes, laws or regulations or official interpretations which
necessitate changes to previously prepared Instruments of Service;
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
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<C1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
washington, D.C 20006-5292
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@1997 AIA@
AlA DOCUMENT B141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
.3 decisions of the Owner not rendered in a timely manner;
.4 significant change in the Project including, hut not limited to, size, quality, complexity,
the Owner's schedule or hudget, or procurement method;
.5 failure of performance on the part of the Owner or the Owner's consultants
or contractors;
.6 preparation for and attendance at a public hearing, a dispute resolution proceeding or
a legal proceeding except where the Architect is party thereto;
.7 change in the information contained in Article 1.1.
1.3.4 MEDIATION
1.3.4.1 Any claim, dispute or other matter in question arising out of or related to this Agreement
shall he suhject to mediation as a condition precedent to arbitration or the institution of legal or
equitable proceedings hy either party. If such matter relates to or is the subject of a lien arising out
of the Architect's services, the Architect may proceed in accordance with applicable law to
comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or
by arbitration.
1.3.4.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in
question between them by mediation which, unless the parties mutually agree otherwise, shall be
in accordance with the Construction Industry Mediation Rules of the American Arbitration
Association currently in effect. Request for mediation shall he filed in writing with the other party
to this Agreement and with the American Arhitration Association. The request may be made
concurrently with the filing of a demand for arhitration hut, in such event, mediation shall
proceed in advance of arbitration or 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 hy
agreement of the parties or court order.
1.3.4.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall
be held in the place where the Project is located, unless another location is mutually agreed upon.
Agreements reached in mediation shall be enforceable as settlement agreements in any court
having jurisdiction thereof.
1.3.5 ARBITRATION
1.3.5.1 Any claim, dispute or other matter in question arising out of or related to this Agreement
shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by
mediation in accordance with Paragraph 1.).4.
1.3.5.2 Claims, disputes and other matters in question between the parties that are not resolved by
mediation shall be decided by arbitration which, unless the parties mutually agree otherwise, shall
be in accordance with the Construction Industry Arhitration Rules of the American Arbitration
Association currently in effect. The demand for arbitration shall be filed in writing with the other
party to this Agreement and with the American Arbitration Association.
1.3.5.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute
or other matter in question has arisen. Tn no event shall the demand for arhitration he made after
the date when institution of legal or equitable proceedings based on such claim, dispute or other
matter in question would be barred by the applicable statute of limitations.
1.3.5.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation
or joinder or in any other manner, an additional person or entity not a party to this Agreement,
except hy written consent containing a specific reference to this Agreement and signed by the
Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration
involving an additional person or entity shall not constitute consent to arbitration of any claim,
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dispute or other matter in question not described in the written consent or with a person or
entity not named or described therein. The foregoing agreement to arbitrate and other agreements
to arbitrate with an additional person or entity duly consented to by parties to this Agreement
shall be specifically enforceable in accordance with applicable law in any court having jurisdiction
thereof.
1.3.5.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be
entered upon it in accordance with applicable law in any court having jurisdiction thereof.
1.3.6 CLAIMS FOR CONSEOUENTIAL DAMAGES
The Architect and the Owner waive consequential damages for claims, disputes or other matters
in question arising out of or relating to this Agreement. This mutual waiver is applicable, without
limitation, to all consequential damages due to either party's termination in accordance with
Paragraph 1.3.X.
1.3.7 MISCELLANEOUS PROVISIONS
1.3.7.1 This Agreement shall be governed by the law of the principal place of business of the
Architect, unless otherwise provided in Paragraph 1.4.2.
1.3.7.2 Terms in this Agreement shall have the same meaning as those in the edition of AlA
Document A20l, General Conditions of the Contract for Construction, current as of the date of
this Agreement.
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 of limitations shall commence to run
not later than either the date of Substantial Completion for acts or failures to act occurring prior
to Substantial Completion or the date of issuance of the final Certificate for Payment for acts
or failures to act occurring after Substantial Completion. In no event shall such statutes of
limitations commence to run any later than the date when the Architect's services are
substantially completed.
1.3.7.4 To the extent damages are covered by property insurance during construction, the Owner
and the Architect waive all rights against each other and against the contractors, consultants,
agents and employees of the other for damages, except such rights as they may have to the
proceeds of such insurance as set forth in the edition of AlA Document A20l, General Conditions
of the Contract for Construction, current as of the date of this Agreement. The Owner or the
Architect, as appropriate, shall require of the contractors, consultants, agents and employees of
any of them similar waivers in favor of the other parties enumerated herein.
1.3.7.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause
of action in favor of a third party against either the Owner or Architect.
1.3.7.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants
shall have no responsibility for the discovery, presence, handling, removal or disposal of or
exposure of persons to hazardous materials or toxic substances in any form at the Project site.
1.3.7.7 The Architect shall have the right to include photographic or artistic representations of the
design of the Project among the Architect's promotional and professional materials. The Architect
shall be given reasonable access to the completed Project to make such representations. However,
the Architect's materials shall not include the Owner's confidential or proprietary information if
the Owner has previously advised the Architect in writing of the specific information considered
by the Owner to be confidential or proprietary. The Owner shall provide professional credit for
the Architect in the Owner's promotional materials for the Project.
WARNING: Unlicensed photocopying violates U.s. copyright laws and will subject the violator to legal prosecution.
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@1997 AIA@
AlA DOCUMENT B141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
washington, D.C. 20006-5292
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@1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue. N.W.
washington. D.C. 20006-5292
1.3.7.8 If the Owner requests the Architect to execute certificates, the proposed language o[ such
certificates shall be submitted to the Architect for review at least 14 days prior to the requested
dates of execution. The Architect shall not he required to execute certificates that would require
knowledge, services or responsihilities heyond the scope of this Agreement.
1.3.7.9 The Owner and Architect, respectively, bind themselves, their partners, successors, assigns
and legal representatives to the other party to this Agreement and to the partners, successors,
assigns and legal representatives of such other party with respect to all covenants of this
Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written
consent of the other, except that the Owner may assign this Agreement to an institutional lender
providing financing for the Project. In such event, the lender shall assume the Owner's rights and
obligations under this Agreement. The Architect shall execute all consents reasonably required to
facilitate such assignment.
1.3.8 TERMINATION OR SUSPENSION
1.3.8.1 If the Owner fails to make payments to the Architect in accordance with this Agreement,
such failure shall be considered substantial nonperformance and cause for termination or, at the
Architect's option, cause for suspension of performance of services under this Agreement. If the
Architect elects to suspend services, prior to suspension of services, the Architect shall give seven
days' written notice to the Owner. In the event of a suspension of services, the Architect shall have
no liability to the Owner [or 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 suspension and
any expenses incurred in the interruption and resumption of the Architect's services. The
Architect's fees [or the remaining services and the time schedules shall be equitably adjusted.
1.3.8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect
shall be compensated for services performed prior to notice of such suspension. When the Project
is resumed, the Architect shall be compensated for expenses incurred in the interruption and
resumption of the Architect's services. The Architect's fees [or the remaining services and the time
schedules shall be equitably adjusted.
1.3.8.3 If the Project is suspended or the Architect's services are suspended [or more than 90
consecutive days, the Architect may terminate this Agreement by giving not less than seven days'
written notice.
1.3.8.4 This Agreement may be terminated by either party upon not less than seven days' written
notice should the other party fail substantially to perform in accordance with the terms of this
Agreement through no fault o[ the party initiating the termination.
1.3.8.5 This Agreement may be terminated by the Owner upon not less than seven days' written
notice to the Architect for the Owner's convenience and without cause.
1.3.8.6 In the event o[ termination not the fault of the Architect, the Architect shall be
compensated for services performed prior to termination, together with Reimbursable Expenses
then due and all Termination Expenses as defined in Subparagraph 1.3.8.7.
1.3.8.7 Termination Expenses are in addition to compensation for the services of the Agreement
and include expenses directly attributable to termination for which the Architect is not otherwise
compensated, plus an amount for the Architect's anticipated profit on the value o[ the services not
performed by the Architect.
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1.3.9 PAYMENTS TO THE ARCHITECT
1.3.9.1 Payments on account of services rendered and for Reimbursable Expenses incurred shall
be made monthly upon presentation of the Architect's statement of services. No deductions shall
be 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 Reimbursable Expenses are in addition to compensation for the Architect's services and
include expenses incurred by the Architect and Architect's employees and consultants directly
related to the Project, as identified in the following Clauses:
.1 transportation in connection with the Project, authorized out-of-town travel and
subsistence, and electronic communications;
.2 fees paid for securing approval of authorities having jurisdiction over the Project;
.3 reproductions, plots, standard form documents, postage, handling and delivery of
Instruments of Service;
.4 expense of overtime work requiring higher than regular rates if authorized in advance
by the Owner;
.5 renderings, models and mock-ups requested by the Owner;
.6 expense of professional liability insurance dedicated exclusively to this Project or the
expense of additional insurance coverage or limits requested by the Owner in excess of
that normally carried by the Architect and the Architect's consultants;
.7 reimbursable expenses as designated in Paragraph 1.5.5;
.8 other similar direct Project-related expenditures.
1.3.9.3 Records of Reimbursable Expenses, of expenses pertaining to a Change in Services, and of
services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be
available to the Owner or the Owner's authorized representative at mutually convenient times.
1.3.9.4 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel
engaged on the Project and the portion of the cost of their mandatory and customary
contributions and benefits related thereto, such as employment taxes and other statutory
employee benefits, insurance, sick leave, holidays, vacations, employee retirement plans and
similar contributions.
ARTICLE 1.4 SCOPE OF SERVICES AND OTHER SPECIAL TERMS AND CONDITIONS
1.4.1 Enumeration of Parts of the Agreement. This Agreement represents the entire and
integrated agreement between the Owner and the Architect and supersedes all prior negotiations,
representations or agreements, either written or oral. This Agreement may be amended only by
written instrument signed by both Owner and Architect. This Agreement comprises the
documents listed below.
1.4.1.1 Standard Form of Agreement Between Owner and Architect, AlA Document B14l-l997.
1.4.1.2 Standard Form of Architect's Services: Design and Contract Administration, AlA
Document BI41-19.97, or as follows:
(List other documents, if any, delineating Architect's scope of services.)
1.4.1.3 Other documents as follows:
(List other documents, if any, forming part of the Agreement.)
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AlA DOCUMENT B141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 10006-5191
1.4.2 Special Terms and Conditions. Special terms and conditions that modify this Agreement
are as follows:
AlA Document B141, 15th Edition-1997 Supplementary Form for the City of
Bozeman Fire Station #3.
ARTiClE 1.5 COMPENSATION
1.5.1 For the Architect's servIces as descrihed under Article 1.4, compensation shall be
computed as follows:
1.5.2 If the services of the Architect are changed as described in Subparagraph 1.3.3.1, the
Architect's compensation shall be adjusted. Such adjustment shall be calculated as described
below or, if no method of adjustment is indicated in this Paragraph L5.2, in an equitable
manner.
(insert basis of compensation, including rates and multiples of Direct Personnel Expense for Principals and
employees, and identify Principals and classify employees. if required. Identifv specific services to which partic-
ular methuds of compensation apply.)
1.5.3 For a Change in Services of the Architect's consultants, compensation shall be computed
as a multiple of one and one tenth ( 1.1 ) times the amounts billed to the
Architect for such services.
1.5.4 For Reimbursable Expenses as described in Subparagraph 1.}.';U, and any other items
included in Paragraph 1.5.5 as Reimbursable Expenses, the compensation shall be computed as a
multiple of one and one tenth (1.1) times the expenses incurred by
the Architect, and the Architect's employees and consultants.
1.5.5 Other Reimhursahle Expenses, if any, are as follows:
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AlA DOCUMENT B141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue. N.W.
Washington. D.C. 20006-5292
1.5.6 The rates and multiples for services of the Architect and the Architect's consultants as set
forth in this Agreement shall be adjusted in accordance with their normal salary review practices.
1.5.7 An initial payment of Dollars
($ ) shall be made upon execution of this Agreement and is the minimum
payment under this Agreement. It shall be credited to the Owner's account at final payment.
Subsequent payments for services shall be made monthly, and where applicable, shall be in
proportion to services performed on the basis set forth in this Agreement.
1.5.8 Payments are due and payable ) days from the date
of the Architect's invoice. Amounts unpaid () days after the
invoice date shall bear interest at the rate entered below, or in the absence thereof at the legal rate
prevailing from time to time at the principal place of business of the Architect.
(Insert rate of interest agreed upon.)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit
laws and other regulations at the Owner's and Architect's principal places of business, the location of the Pruiect
and elsewhere may affect the validity of this provision. Speci/ic legal advice should be obtained with respect to
deletions or modifications, and also regarding requirements such as wriUen disclosures or waivers.)
1.5.9
If the services covered by this Agreement have not been completed within
( ) months of the date hereof, through no fault of the
Architect's services beyond that time shall be compensated as
Architect, extension of the
provided in Paragraph 1.5.2.
This Agreement entered into as of the day and year first written above.
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ARC HIT E C T (Signature)
OWN E R (Signature)
Ckrj$ klAkuJSki) C.i'b M~eJ-
William A. Hanson, Principal
(Printed name and title)
(Printed name and title)
CAUTION: You should sign an original ;\.1,1 document or a licensed reproduction. Originals contain the AlA logo
printed in red; licensed reproductions are those produced in accordance with the Instructions to this document.
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@1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
AGREEMENT
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
1997 EDITION
AlA DOCUMENT 8141-1997
_Standard Form of Architect's Services:
Design and Contract Administration
TABLE OF ARTICLES
2.1 PROJECT ADMINISTRATION SERVICES
2.2 SUPPORTING SERVICES
2.3 EVALUATION AND PLANNING SERVICES
2.4 DESIGN SERVICES
2.5 CONSTRUCTION PROCUREMENT SERVICES
2.6 CONTRACT ADMINISTRATION SERVICES
2.7 FACILITY OPERATION SERVICES
2.8 SCHEDULE OF SERVICES
2.9 MODIFICATIONS
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987, (01997 by The American
Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written
permission of the AlA violates the copyright laws of the United States and will subject the violator to legal prosecu-
tion.
WARNING: Unlicensed photocopying violates u.s. copyright laws and will subject the violator to legal prosecution.
This document has impor-
tant legal consequences.
Consultation with an
attorney is encouraged
with respect to its
completion or modification.
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STANDARD FORM
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1735 New York Avenue, N.W.
washington, D.C. 20006-5292
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The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 10006-5191
ARTICLE 2.1 PROJECT ADMINISTRATION SERVICES
2.1.1 The Architect shall manage the Architect's serVIces and administer the Project. 'rhe
Architect shall consult with the Owner, research applicable design criteria, attend Project
meetings, communicate with members of the Project team and issue progress reports. The
Architect shall coordinate the services provided by the Architect and the Architect's consultants
with those services provided by the Owner and the Owner's consultants.
2.1.2 When Project requirements have been sufficiently identified, the Architect shall prepare,
and periodically update, a Project schedule that shall identify milestone dates for decisions
required of the Owner, design services furnished by the Architect, completion of documentation
provided by the Architect, commencement of construction and Substantial Completion of the
Work.
2.1.3 The Architect shall consider the value of alternative materials, building systems and
equipment, together with other considerations based on program, budget and aesthetics in
developing the design for the Project.
2.1.4 Upon request of the Owner, the Architect shall make a presentation to explain the design
of the Project to representatives of the Owner.
2.1.5 The Architect shall submit design documents to the Owner at intervals appropriate to the
design process for purposes of evaluation and approval by the Owner. The Architect shall be
entitled to rely on approvals received from the Owner in the further development of the design.
2.1.6 The Architect shall assist the Owner in connection with the Owner's responsibility for
filing documents required for the approval of governmental authorities having jurisdiction over
the Project.
2.1.7 EVALUATION OF BUDGET AND COST OF THE WORK
2.1.7.1 When the Project requirements have been sufficiently identified, the Architect shall
prepare a preliminary estimate of the Cost of the Work. This estimate may be based on current
area, volume or similar conceptual estimating techniques. As the design process progresses
through the end of the preparation of the Construction Documents, the Architect shall update
and refine the preliminary estimate of the Cost of the Work. The Architect shall advise the Owner
of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project
requirements or general market conditions. If at any time the Architect's estimate of the Cost of
the Work exceeds the Owner's budget, the Architect shall make appropriate recommendations to
the Owner to adjust the Project's size, quality or budget, and the Owner shall cooperate with the
Architect in making such adjustments.
2.1.7.2 Evaluations of the Owner's budget for the Project, the preliminary estimate of the Cost of
the Work and updated estimates of the Cost of the Work prepared by the Architect represent the
Architect's judgment as a design professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the Owner has control over the cost of labor,
materials or equipment, over the Contractor's methods of determining bid prices, or over
competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and
does not warrant or represent that bids or negotiated prices will not vary from the Owner's
budget for the Project or from any estimate of the Cost of the Work or evaluation prepared or
agreed to by the Architect.
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2.1.7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to include
contingencies for design, bidding and price escalation; to determine what materials, equipment,
component systems and types of construction are to be included in the Contract Documents; to
make reasonable adjustments in the scope of the Project and to include in the Contract
Documents alternate bids as may be necessary to adjust the estimated Cost of the Work to meet
the Owner's budget for the Cost of the Work. I f an increase in the Contract Sum occurring after
execution of the Contract between the Owner and the Contractor causes the budget for the Cost
of the Work to be exceeded, that budget shall be increased accordingly.
2.1.7.4 If bidding or negotiation has not commenced within 90 days after the Architect submits
the Construction Documents to the Owner, the budget for the Cost of the Work shall be
adjusted to reflect changes in the general level of prices in the construction industry.
2.1.7.5 If the budget for the Cost of the Work is exceeded by the lowest bona fide bid or
negotiated proposal, the Owner shall:
.1 give written approval of an increase in the budget for the Cost of the Work;
.2 authorize rebidding or renegotiating of the Project within a reasonable time;
.3 terminate in accordance with Subparagraph 1.3.8.5; or
.4 cooperate in revising the Project scope and quality as required to reduce the Cost of the
Work.
2.1.7.6 If the Owner chooses to proceed under Clause 2.1.7.5-4, the Architect, without additional
compensation, shall modify the documents for which the Architect is responsible under this
Agreement as necessary to comply with the budget for 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 shall be entitled to compensation in accordance with this Agreement for all services
performed whether or not construction is commenced.
ARTICLE 2.2 SUPPORTING SERVICES
2.2.1 Unless specifically designated in Paragraph 2.8.3, the services in this Article 2.2 shall be
provided by the Owner or the Owner's consultants and contractors.
2.2.1.1 The Owner shall furnish a program setting forth the Owner's objectives, schedule,
constraints and criteria, including space requirements and relationships, special equipment,
systems and site requirements.
2.2.1.2 The Owner shall furnish surveys to describe physical characteristics, legal limitations and
utility locations for the site of the Project, and a written legal description of the site. The surveys
and legal information shall include, as applicable, grades and lines of streets, alleys, pavements
and adjoining property and structures; ad iacent drainage; rights-of-way, restrictions, easements,
encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimen-
sions and necessary data with respect to existing buildings, other improvements and trees; and
information concerning 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 benchll1ark.
2.2.1.3 The Owner shall furnish services of geotechnical engineers which may include but are not
limited to test borings, test pits, determinations of soil bearing values, percolation tests, evalua-
tions of hazardous materials, ground corrosion tests and resistivity tests, including necessary
operations for anticipating subsoil conditions, with reports and appropriate recommendations.
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STANDARD FORM
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The American Institute
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173S New York Avenue, N.W.
Washington, D.C. 20006-5292
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STANDARD FORM
SERVICES
The American Institute
of Architects
1735 New York Avenue. N.W.
washington, D.C. 20006-5292
ARTICLE 2.3 EVALUATION AND PLANNING SERVICES
2.3.1 The Architect shall provide a preliminary evaluation of the information furnished by the
Owner under this Agreement, including the Owner's program and schedule requirements and
budget for the Cost of the Work, each in terms of the other. The Architect shall review such
information to ascertain that it is consistent with the requirements of the Project and shall
notify the Owner of any other information or consultant services that may be reasonably needed
for the Project.
2.3.2 The Architect shall provide a preliminary evaluation of the Owner's site for the Project
based on the information provided by the Owner of site conditions, and the Owner's program,
schedule and budget for the Cost of the Work.
2.3.3 The Architect shall review the Owner's proposed method of contracting for construction
services and shall notify the Owner of anticipated impacts that such method may have on the
Owner's program, financial and time requirements, and the scope of the Project.
ARTICLE 2.4 DESIGN SERVICES
2.4.1 The Architect's design services shall include normal structural, mechanical and electrical
.. .
engmeen ng serVICes.
2.4.2 SCHEMATIC DESIGN DOCUMENTS
2.4.2.1 The Architect shall provide Schematic Design Documents based on the mutually agreed-
upon program, schedule, and budget for the Cost of the Work. The documents shall establish the
conceptual design of the Project illustrating the scale and relationship of the Project components.
The Schematic Design Documents shall include a conceptual site plan, if appropriate, and
preliminary building plans, sections and elevations. At the Architect's option, the Schematic
Design Documents may include study models, perspective sketches, electronic modeling or com-
binations of these media. Preliminary selections of major building systems and construction
materials shall bt~ noted on the drawings or described in writing.
2.4.3 DESIGN DEVELOPMENT DOCUMENTS
2.4.3.1 The Architect shall provide Design Development Documents based on the approved
Schematic Design Documents and updated budget for the Cost of the Work. The Design
Development Documents shall illustrate and describe the refinement of the design of the Project,
establishing the scope, relationships, forms, size and appearance of the Project by means of plans,
sections and elevations, typical construction details, and equipment layouts. The Design
Development Documents shall include specifications that identify major materials and systems
and establish in general their quality levels.
2.4.4 CONSTRUCTION DOCUMENTS
2.4.4.1 The Architect shall provide Construction Documents based on the approved Design
Development Documents and updated budget for the Cost of the Work. The Construction
Documents shall set forth in detail the requirements for construction of the Project. The
Construction Documents shall include Drawings and Specifications that establish in detail the
quality levels of materials and systems required for the Project.
2.4.4.2 During the development of the Construction Documents, the Architect shall assist the
Owner in the development and preparation of: (1) bidding and procurement information which
descrihes the time, place and conditions of bidding; bidding or proposal forms; and the form of
agreement between the Owner and the Contractor; and (2) the Conditions of the Contract for
Construction (General, Supplementary and other Conditions). The Architect also shall compile
the Project Manual that includes the Conditions of the Contract for Construction and
Specifications and may include bidding requirements and sample forms.
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ARTICLE 2.5 CONSTRUCTION PROCUREMENT SERVICES
2.5.1 The Architect shall assist the Owner in ohtaining either competitive bids or negotiated
proposals and shall assist the Owner in awarding and preparing contracts for construction.
2.5.2 The Architect shall assist the Owner in establishing a list of prospective bidders or con-
tractors.
2.5.3 The Architect shall assist the Owner in bid validation or proposal evaluation and determi-
nation of the successful bid or proposal, if any. If requested hy the Owner, the Architect shall noti-
fy all prospective bidders or contractors of the bid or proposal results.
2.5.4 COMPETITIVE BIDDING
2.5.4.1 Bidding Documents shall consist of bidding requirements, proposed contract forms,
Ceneral Conditions and Supplementary Conditions, Specifications and Drawings.
2.5.4.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of
Bidding Documents for distribution to prospective bidders. The Owner shall pay directly for the
cost of reproduction or shall reimburse the Architect for such expenses.
2.5.4.3 If requested by the Owner, the Architect shall distrihute the Bidding Documents to
prospective bidders and request their return upon completion of the bidding process. The
Architect shall maintain a log of distribution and retrieval, and the amounts of deposits, if any,
received from and returned to prospective bidders.
2.5.4.4 The Architect shall consider requests fex substitutions, if permitted by the Bidding
Documents, and shall prepare and distribute addenda identifying approved substitutions to all
prospective bidders.
2.5.4.5 The Architect shall participate in or, at the Owner's direction, shall organize and conduct
a pre-bid conference for prospective bidders.
2.5.4.6 The Architect shall prepare responses to questions from prospective bidders and provide
clarifications and interpretations of the Bidding Documents to all prospective bidders in the form
of addenda.
2.5.4.7 The Architect shall participate in or, at the Owner's direction, shall organize and conduct
the opening of the bids. The Architect shall subsequently document and distribute the bidding
results, as directed by the Owner.
2.5.5 NEGOTIATED PROPOSALS
2.5.5.1 Proposal Documents shall consist of proposal requirements, proposed contract forms,
Ceneral Conditions and Supplementary Conditions, Specifications and Drawings.
2.5.5.2 If requested by the Owner, the Architect shall arrange for procuring the reproduction of
Proposal Documents for distribution to prospective contractors. The Owner shall pay directly for
the cost of reproduction or shall reimburse the Architect for such expenses.
2.5.5.3 If requested by the Owner, the Architect shall organize and participate in selection inter-
views with prospective contractors.
2.5.5.4 The Architect shall consider requests for substitutions, if permitted by the Proposal
Documents, and shall prepare and distribute addenda identifying approved substitutions to all
prospective contractors.
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1735 New York Avenue. N.W.
Washington, D.C. 20006-5292
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of Architects
1735 New York Avenue. N.W,
Washington. D,C. 20006-5292
2.5.5.5 If requested hy the Owner, the Architect shall assist the Owner during negotiations with
prospective contractors. The Architect shall subsequently prepare a summary report of the
negotiation results, as directed by the Owner.
ARTICLE 2.6 CONTRACT ADMINISTRATION SERVICES
2.6.1 GENERAL ADMINISTRATION
2.6.1.1 The Architect shall provide administration of the Contract between the Owner and the
Contractor as set forth below and in the edition of AlA Document AmI, General Conditions of
the Contracl for Construction, current as of the date of this Agreement. Modifications made to
the General Conditions, when adopted as part of the Contract Documents, shall he enforceable
under this Agreement only to the extent that they are consistent with this Agreement or approved
in writing by the Architect.
2.6.1.2 The Architect's responsihility to provide the Contract Administration Services under this
Agreement commences with the award of the initial Contract for Construction and terminates at
the issuance to the Owner of the final Certificate for Payment. However, the Architect shall be
entitled to a Change in Services in accordance with Paragraph 2.8.2 when Contract
Administration Services extend 60 days after the date of Substantial Completion of the Work.
2.6.1.3 The Architect shall be a representative of and shall advise and consult with the Owner dur-
ing the provision of the Contract Administration Services. The Architect shall have authority to
act on behalf of the Owner only to the extent provided in this Agreement unless otherwise
modified by written amendment.
2.6.1.4 Duties, responsibilities and limitations of authority of the Architect under this Article 2.6
shall not be restricted, modified or extended without written agreement of the Owner and
Architect with consent of the Contractor, which consent will not be unreasonably withheld.
2.6.1.5 The Architect shall review properly prepared, timely requests by the Contractor for
additional information about the Contract Documents. A properly prepared request for
additional information about the Contract Documents shall be in a form prepared or approved
by the Architect and shall include a detailed written statement that indicates the specific Drawings
or Specifications in need of clari fication and the nature of the clarification requested.
2.6.1.6 If deemed appropriate by the Architect, the Architect shall on the Owner's behalf prepare,
reproduce and distribute supplemental Drawings and Specifications in response to requests for
information by the Contractor.
2.6.1.7 The Architect shall interpret and decide matters concerning performance of the Owner
and Contractor under, and requirements of, the Contract Documents on written request of either
the Owner or Contractor. The Architect's response to such requests shall be made in writing
within any time limits agreed upon or otherwise with reasonable promptness.
2.6.1.8 Interpretations and decisions of the Architect shall be consistent with the intent of and
reasonably inferable from the Contract Documents and shall he in writing or in the form of
drawings. When making such interpretations and initial decisions, the Architect shall endeavor to
secure faithful performance by hoth Owner and Contractor, shall not show partiality to either,
and shall not he liable for the results of interpretations or decisions so rendered in good faith.
2.6.1.9 The Architect shall render initial decisions on claims, disputes or other matters in question
between the Owner and Contractor as provided in the Contract Documents. However, the
Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the
intent expressed in the Contract Documents.
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2.6.2 EVALUATIONS OF THE WORK
2.6.2.1 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate
to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect
in Article 2.8, (I) to become generally familiar with and to keep the Owner informed about the
progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner
against defects and deficiencies in the Work, and (3) to determine in general if the Work is being
performed in a manner indicating that the Work, when fully completed, will be in accordance
with the Contract Documents. However, the Architect shall not be required to make exhaustive or
continuous on-site inspections to check the quality or quantity of the Work. The Architect shall
neither have control over or charge of, nor be responsible for, the construction means, methods,
techniques, 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 from the most recent construction schedule submitted by the Contractor. 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 performing portions of the Work.
2.6.2.3 The Architect shall at all times have access to the Work wherever it is in preparation or
progress.
2.6.2.4 Except as otherwise provided in this Agreement or when direct communications have been
specially authorized, the Owner shall endeavor to communicate with the Contractor through the
Architect about matters arising out of or relating to the Contract Documents. Communications
by and with the Architect's consultants shall be through the Architect.
2.6.2.5 The Architect shall have authority to reject Work that does not conform to the Contract
Documents. Whenever the Architect considers it necessary or advisable, the Architect will have
authority to require inspection or testing of the Work in accordance with the provisions of the
Contract Documents, whether or not such Work is fabricated, installed or completed. However,
neither this authority of the Architect nor a decision made in good faith either to exercise or not
to exercise such authority shall give rise to a duty or responsibility of the Architect to the
Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other
persons or entities performing portions of the Work.
2.6.3 CERTIFICATION OF PAYMENTS TO CONTRACTOR
2.6.3.1 The Architect shall review and certify the amounts due the Contractor and shall issue
Certificates for Payment in such amounts. The Architect's certification for payment shall
constitute a representation to the Owner, based on the Architect's evaluation of the Work as pro-
vided in Paragraph 2.6.2 and on the data comprising the Contractor's Application for Payment,
that the Work has progressed to the point indicated and that, to the best of the Architect's knowl-
edge, information and belief, the quality of the Work is in accordance with the Contract
Documents. The foregoing representations are subject (I) to an evaluation of the Work for con-
formance with the Contract Documents upon Substantial Completion, (2) to results of subse-
quent tests and inspections, (3) to correction of minor deviations from the Contract Documents
prior to completion, and (4) to specific qualifications expressed by the Architect.
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1735 New York Avenue, N_W.
Washington, D_C 20006-5292
2.6.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect
has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the
Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3)
reviewed copies of requisitions received from Subcontractors and material suppliers and other
data requested by the Owner to suhstantiate the Contractor's right to payment, or (4) ascertained
how or for what purpose the Contractor has used money previously paid on account of the
Contract Sum.
2.6.3.3 The Architect shall maintain a record of the Contractor's Applications for Payment.
2.6.4 SUBMITTALS
2.6.4.1 The Architect shall review and approve or take other appropriate action upon the
Contractor's suhmittals 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
expressed in the Contract Documents. The Architect's action shall be taken with such reasonahle
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
permit adequate review. Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details such as dimensions and quantities, or
for substantiating instructions for installation or performance of equipment or systems, all of
which remain the responsibility of the Contractor as required by the Contract 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.
2.6.4.2 The Architect shall maintain a record of submittals and copies of submittals supplied hy
the Contractor in accordance with the requirements of the Contract Documents.
2.6.4.3 If professional design services or certifications hy a design professional related to systems,
materials or equipment are specifically required of the Contractor by the Contract Documents,
the Architect shall specify appropriate perfurmance and design criteria that such services must
satisfy. Shop Drawings and other submittals related to the Work designed or certified hy the
design professional retained hy the Contractor shall hear 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 hy such design
professionals.
2.6.5 CHANGES IN THE WORK
2.6.5.1 The Architect shall prepare Change Orders and Construction Change Directives for the
Owner's approval and execution in accordance with the Contract Documents. The Architect may
authorize minor changes in the Work not involving an adjustment in Contract Sum or an
extension of the Contract Time which are consistent with the intent of the Contract Documents.
If necessary, the Architect shall prepare, reproduce and distribute Drawings and Specifications to
describe Work to he added, deleted or modified, as provided in Paragraph 2.R.2.
2.6.5.2 The Architect shall review properly prepared, timely requests by the Owner or Contractor
for changes in the Work, including adjustments to the Contract Sum or Contract Time. A
properly prepared request for a change in the Work shall he accompanied by sufficient support-
ing data and information to permit the Architect to make a reasonable determination without
extensive investigation or preparation of additional drawings or specifications. If the Architect
I
WARNING: Unlicensed photocopying violates u.s. copyright laws and will subject the violaTor TO legal prosecution.
determines that requested changes in the Work are not materially different from the requirements
of the Contract Documents, the Architect may issue an order for a minor change in the Work or
recommend to the Owner that the requested change be denied.
2.6.5.3 If the Architect determines that implementation of the requested changes would result in
a material change to the Contract that may cause an adjustment in the Contract Time or Contract
Sum, the Architect shall make a recommendation to the Owner, who may authorize further
investigation of such change. Upon such authorization, and based upon information furnished by
the Contractor, if any, the Architect shall estimate the additional cost and time that might result
from such change, including any additional costs attributable to a Change in Services of the
Architect. With the Owner's approval, the Architect shall incorporate those estimates into a
Change Order or other appropriate documentation for the Owner's execution or negotiation with
the Contractor.
2.6.5.4 The Architect shall maintain records relative to changes in the Work.
2.6.6 PROJECT COMPLETION
2.6.6.1 The Architect shall conduct inspections to determine the date or dates of Substantial
Completion and the date of final completion, shall receive from the Contractor and forward to the
Owner, for the Owner's review and records, written warranties and related documents required by
the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for
Payment based upon a final inspection indicating the Work complies with the requirements of the
Contract Documents.
2.6.6.2 The Architect's inspection shall be conducted with the Owner's Designated Representative
to check conformance of the Work with the requirements of the Contract Documents and to
verify the accuracy and completeness of the list submitted by the Contractor of Work to be
completed or corrected.
2.6.6.3 When the Work is found to be substantially complete, the Architect shall inform the
Owner about the balance of the Contract Sum remaining to be paid the Contractor, including any
amounts needed to pay for final completion or correction of the Work.
2.6.6.4 'rhe Architect shall receive from the Contractor and forward to the Owner: (1) consent of
surety or sureties, if any, to reduction in or partial release of retainage or the making of final
payment and (2) affidavits, receipts, releases and waivers of liens or bonds indemnifying the
Owner against liens.
ARTICLE 2.7 FACILITY OPERATION SERVICES
2.7.1 The Architect shall meet with the Owner or the Owner's Designated Representative
promptly after Substantial Completion to review the need for facility operation services.
2.7.2 Upon request of the Owner, and prior to the expiration of one year from the date of
Substantial Completion, the Architect shall conduct a meeting with the Owner and the Owner's
Designated Representative to review the facility operations and performance and to make
appropriate recommendations to the Owner.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
I
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AlA DOCUMENT B141-1997
STANDARD FORM
SERVICES
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
ARTICLE 2.8 SCHEDULE OF SERVICES
2.8.1 Design and Contract Administration Services beyond the following limits shall be
provided by the Architect as a Change in Services il1 accordance with Paragraph 1.3.3:
.1 up to two ( 2 ) reviews of each Shop Drawing, product Data
item, sample and similar submittal of the Contractor.
.2 up to fourteen (14 ) visits to the site by the Architect over the dura-
tion of the Project during construction.
.3 up to three ( 3 ) inspections for any portion of the Work to
determine whether such portion of the Work is substantially complete in accordance
with the requirements of the Contract Documents.
.4 up to one ( 1 ) inspections for any portion of the Work to deter-
mine final completion.
2.8.2 The following Design and Contract Administration Services shall be provided by the
Architect as a Change in Services in accordance with Paragraph 1.3.J
.1 review of a Contractor's submittal out of sequence from the submittal schedule agreed
to by the Architect;
.2 responses to the Contractor's requests for information where such information is
available to the Contractor from a careful study and comparison of the Contract
Documents, field conditions, other Owner-provided information, Contractor-prepared
coordination drawings, or prior Project correspondence or documentation;
.3 Change Orders and Construction Change Directives requiring evaluation of proposals,
including the preparation or revision of Instruments of Service;
.4 providing consultation concerning replacement of Work resulting from fire or other
cause during construction;
.5 evaluation of an extensive number of claims submitted by the Owner's consultants, the
Contractor or others in connection with the Work;
.6 evaluation of substitutions proposed by the Owner's consultants or contractors and
making subsequent revisions to Instruments of Service resulting therefrom;
.7 preparation of design and documentation for alternate bid or proposal requests pro-
posed by the Owner; or
.8 Contract Administration Services provided 60 days after the date of Substantial
Completion of the Work.
WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution.
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@1997 AIA@
AlA DOCUMENT 8141.1997
STANDARD FORM
SERVICES
The American Institute
of Architects
173S New York Avenue, N.W.
Washington, D.C. 20006-5292
2.8.3 The Architect shall furnish or provide the following services only if specifically
designated:
Services Responsibility Location of Service
(Archile"', Ow,,,,r or 1'101 Provided) Description
.1 Programming
.2 Land Survey Services
--C::-'---'
.3 (~eotechnical Services
.4 Space Schematics/Flow Diagrams
.5 Existing Facilities Surveys
.6 Economic Feasibility Studies
.7 Site Analysis and Selection
.8 Environmental Studies and Reports
.9 Owner-Supplied Data Coordination
.10 Schedule Development and Monitoring
.11 Civil Design
.12 Landscape Design
.13 Interior Design
.14 Special Bidding or Negotiation
.15 Value Analysis
.16 Detailed Cost Estimating
.17 On-Site Project Representation
.18 Construction Management
.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.)
alii
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@1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
SERVICES
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
WARNING: Unlicensed photocopying violates u.s. copyright laws and will subject the violator to legal prosecution.
I
ARTICLE 2.9 MODIFICATIONS
2.9.1 Modifications to this Standard Form of Architect's Services: Design and Contract
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~ A~' !!/~t;.1t--
OWN E R (Signature)
ARC HIT E C T (Signature)
_ Cht'i..r 1<\A.klA..'5kj~~ William A. Hanson, Principal
(Printed name and title) (Printed name and title)
CAUTION: You should sign an original AlA document or a licensed reproduction. Originals contain the AlA lugo
printed in red; licensed reproductions are those produced in accordance with the Instructions to this document.
WARNING: Unlicensed photocopying vlol,tes U.S. copyright laws and will subject the violator to legal prosecution.
I
11)1997 AIA@
AlA DOCUMENT 8141-1997
STANDARD FORM
SERVICES
The American Institute
of Architects
1735 New York Avenue, N.W.
Washington, D.C. 20006-5292
AlA DOCUMENT B141, 15th EDITION - 1997
SUPPLEMENTARY FORM
ThinkOne
City of Bozeman Fire Station #3
Standard Form:
The Standard Form of Agreement Between Owner and Architect with Standard Form of
Architect's Services: Design and Contract Administration, AlA Document B141, 15th Edition,
1997, 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, AlA Document B141, 15th Edition, 1997, is also referred to as the "Agreement."
The following Supplementary Form modifies, changes, deletes from, and adds to the Agreement.
Where any portion of the Agreement is modified or deleted or any paragraph, subparagraph or
clause thereof is 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 B 141, 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, 15th Edition, 1997 and the Supplementary Conditions to
AlA Document A20 1, 15th Edition, 1997.
1.1.2
1.1.2.1 Insert the following in the space provided after Subparagraph 1.1.2.1:
Design a fire station which includes; office space, apparatus bays, fireman quarters, equipment
storage and other critical functional spaces. The building will be approximately 9500sf.
City of Bozeman
Page 1 of 24
1.1.2.7 Insert the following in the space provided after Subparagraph 1.1.2.7:
The City of Bozeman may decide to utilize the services ofa "Construction Manager, Contractor
at Risk". This service will be provided under a separate agreement between the Owner and the
Contractor. Architect shall identify any changes to the scope of work covered under this
agreement, such as estimating, scheduling, bidding support and other work. The Architect will
develop, for Owner review and approval, a change order to this agreement that documents this
scope change. Bidding will be done in compliance with State and City of Bozeman bidding
requirements.
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 of the 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 At the completion of the schematic design phase, the project budget will be developed
and provided to the Owner by the Architect. The Owner shall approve the project budget, in
writing. 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 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.
City of Bozeman
Page 2 of 24
Add the following new Subparagraph to Paragraph 1.2.2:
1.2.2.9 Should the City decide to use a Construction Manager, the Owner shall provide the
Architect copies of the draft versions and fully executed versions of the agreement between the
City of Bozeman and the Construction Manager.
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 shall 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 full
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 construction on the Project, the intent of the 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 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.
1.2.3.9 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 Construction Documents
prepared by the Architect.
City of Bozeman
Page 3 of 24
1.2.3.10 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.
1.2.3.11 The Architect shall furnish the Owner proofthat 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 are 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.
1.3.1
Replace Subparagraph 1.3.1.2 in its entirety with the following:
1.3.1.2 The Cost of the Work shall include the cost, at current market rates, oflabor and
materials furnished 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 Construction Contract with the hired Contractor pursuant to 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. 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, 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:
City of Bozeman
Page 4 of 24
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
the requested adjustment, the amount ofthe adjustment, the impact on the schedule of the
Architect's performance 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 First 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 agreement 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
City of Bozeman
Page 5 of 24
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 of the State of
Montana."
1.3.7.2 Replace "current as of the date of this Agreement" with the following:
15th Edition, 1997 and the Supplementary Conditions to the Contract for Construction, AlA
Document A201, 15th edition, 1997.
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 of limitations shall be governed
by Montana Law.
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 unreasonably 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 representation that it
possesses sufficient skill, knowledge, experience, and ability to fully perform the Services and its
obligations under this Agreement. The Architect shall assign a team of professionals as
designated in Subparagraph 1.1.3.5 ("the Project Team") to perform designated tasks. The
Architect shall not make substantial changes to the Project Team without the approval of the
Owner.
City of Bozeman
Page 6 of 24
1.3.8
Replace Subparagraph 1.3.8.1 in its entirety with the following:
1.3.8.1 Ifthe Owner fails to make payment to the Architect in accordance with this Agreement,
such failure shall be considered nonperformance and cause for termination or suspension of
performance of services, at the Architect's option, under this Agreement. The Architect shall
give the Owner twenty-one (21) days written notice of the Architect's intention to terminate or
suspend provision of services. This notice shall specify detailed grounds for the intended
termination 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 terminates 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
Proj ect.
1.3.8.3 Replace the words "seven days' 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 ofthe failure ofthe 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
City of Bozeman
Page 7 of 24
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 be made from the
Architect's compensation on account of penalty, liquidated damages or other sums withheld from
payments to contractors, or on account ofthe cost of changes in the Work other than those for
which the Architect has been adjudged to be liable.
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.
1.3.9.2.6 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 normally
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 form 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 B141, 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 A20 1, 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 term of
this agreement:
City of Bozeman
Page 8 of 24
1. Professional Liability Insurance with limits of at least $1,000,000.00 per claim
and $2,000,000.00 aggregate.
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 effect at least through the warranty period but in no case for less than twelve
(12) months after 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 of this Agreement, the Architect will provide to the Owner Certificates of
Insurance or other evidence demonstrating that the Architect has obtained the insurance coverage
required by this section.
1.4.2.2 The Architect agrees to indemnify and hold harmless 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 caused 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.
I.S
Add the following new Subparagraphs to Paragraph 1.5.1:
1.5.1.1 The Architect will perform the following "Base Fee Services", defined in Appendix A,
on an hourly basis, not to exceed the amounts below without prior written approval by the
Owner. The hourly rates are defined in Appendix B, Architect's rate sheet.
1. Schematic Design Phase
2. Design Development Phase
City of Bozeman
Page 9 of 24
1.5.1.2 The Architect will perform the following "Additional Services", defined in Appendix A,
on an hourly basis, not to exceed the amounts below without prior written approval by the
Owner. The hourly rates are defined in Appendix B, Architect's rate sheet.
1. Programming and Site Analysis
2. City of Bozeman Planning Process
3. Civil Engineering
4. Site Survey
5. Geotechnical InvestigationlLevel One Environmental
6. Landscape Design
7. Structural Special Inspections
8. M/P/E Commissioning Interface Effort
9. Record Drawings
1.5.1.3 The Architect will perform the following services on lump sum basis. The lump sum
amounts will be established at the completion of the Design Development Phase. Preliminary
amounts for these services have been provided in Appendix A for information only.
1. Contract Documents Phase
2. BiddinglNegotiations Phase
3. Construction Administration Phase
4. "Optional Services" as described in Appendix A.
1.5.2
Replace Paragraph 1.5.2 in its entirety with the following:
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 ofa 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
Appendix B.
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
City of Bozeman
Page 10 of24
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 Architect 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 If the services covered by this Agreement have not been completed within forty-eight (48)
months of the date hereof, through no fault of the Architect, extension of the Architect's services
beyond that time shall be compensated as provided in Paragraph 1.5.2.
2.1
2.1.2 Add the following to the end of Paragraph 2.1.2:
See also Subparagraphs 1.1.2.6 and 1.2.3.2.
Replace Paragraph 2.1.3 in its entirety with the following:
2.1.3 The Architect shall analyze the comparative costs and benefits of (a) alternative materials,
(b) structural, mechanical, enclosure, and other significant building systems, (c) site engineering
as well as overarching issues of program, budget, and aesthetics, and shall report the results of
this analysis in written form to the Owner. The Architect shall review the alternatives with the
Owner and Contractor at Risk to determine which, if any, are to be incorporated into the Project.
Replace Paragraph 2.1.4 in its entirety with the following:
2.1.4 The Architect shall make verbal and graphic presentations of the design at the completion
of each phase of the design services and at other times and to such persons as reasonably
requested by the Owner, including the Bozeman Design Review Board, the Bozeman Design
Review Committee, and the Bozeman City Commission.
Replace Paragraph 2.1.6 in its entirety with the following:
2.1.6 The Architect shall, on behalf of the Owner, submit documents and other required
information and forms to government agencies having jurisdiction over the Project for the
purpose of obtaining their approvals. The Architect shall request for plan review and shall file an
application for a building permit with the City of Bozeman Building Department after securing
the Owner's signature on the required submittal form. All costs associated with review,
approvals, and building permit fees shall be paid by the Owner. Any written approvals received
by the Architect, on the Owner's behalf, will be filed with the Owner. The Architect shall
respond to all comments by regulatory agencies resulting from their reviews of the submitted
documents and make any necessary corrections or adjustments in the documents as required
City of Bozeman
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without additional expense to the Owner.
2.1. 7
Replace Subparagraph 2.1.7.2 in its entirety with the following:
2.1.7.2 Evaluations of the Owner's Project budget, preliminary estimates ofthe Cost of the
Work and updated estimates of the Cost of the Work prepared by the Architect represent the
Architect's judgment as a design professional familiar with the construction industry. It is
recognized, however, that neither the Architect nor the Owner has control over the cost of labor,
materials or equipment, over the Contractor's methods of determining bid prices, or over
competitive bidding market. Accordingly, the Architect cannot and does not warrant or represent
that bid prices will not vary from the Owner's Project budget or from any estimate of Cost of the
Work or evaluation prepared or agreed to by the Architect.
Replace Subparagraph 2.1.7.3 in its entirety with the following:
2.1.7.3 In preparing estimates of the Cost of the Work, the Architect shall be permitted to
include contingencies for design, bidding and price escalation; to determine what materials,
equipment, component systems and types of construction are to be included in the Contract
Documents; to make reasonable adjustments in the scope of the Project, with the Owner's written
approval; and to include in the Contract Documents alternate bids as may be necessary to adjust
the estimated Cost of the Work to meet the Owner's Fixed Limit of the Cost of the Work. Ifan
increase in the Contract Sum occurring after execution of the Contract between the Owner and
the Contractor causes the budget for the Cost of the Work to be exceeded, that budget shall be
increased accordingly.
2.1.7.5 If the Fixed Limit ofthe Cost ofthe 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
.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 of the 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:
City of Bozeman
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2.1.7.6 If the Owner chooses to proceed under Sub-Subparagraph 2.1.7.5.4, the Architect,
without additional charge, 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 project budget as defined in paragraph 1.2.2.2. The
modification of such documents shall be the limit of the Architect's responsibility under this
Paragraph 2.1.7.
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 that the program will be done as an additional
service under this agreement.
2.2.1.2 As an additional service under this agreement, the Architect's consultant will provide a
site survey and a written legal description ofthe property, once the site is chosen by the City of
Bozeman.
2.2.1.3 As an additional service under this agreement, the Architect's consultant will provide a
Geotechnical report, once the site is chosen by the City of Bozeman. The services provided may
include but are not limited to test borings, test pits, determinations of soil bearing values,
percolation tests, evaluations of hazardous materials, ground corrosion tests and resistivity tests,
including necessary operations for anticipating subsoil conditions, with reports and appropriate
recommendations.
2.3
2.3.1 Add the following sentence to the end of Paragraph 2.3.1 :
The Architect shall provide responses to Owner in writing.
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.
City of Bozeman
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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
without first receiving written approval of the proposed scope, compensation and agreement to
pay for such services from the Owner.
2.4.2
Replace Subparagraph 2.4.2.1 in its entirety with the following:
2.4.2.1 The Architect shall provide Schematic Design Documents based upon the most recent
Owner-approved program, schedule, and estimate for the Cost of the Work. The Schematic
Design Documents shall establish the conceptual design of the Project illustrating the scale and
relationship of the Project components. The Schematic Design Documents shall include a
conceptual site plan, preliminary building plans, building sections and exterior building
elevations. At the Architect's option, the Schematic Design Documents may include additional
graphic materials. Preliminary selections of major building systems and construction materials
including building enclosure, electrical, mechanical and structural systems shall be noted on the
drawings and described in a narrative by the Architect. In addition, the Schematic Design
Documents shall include a preliminary building code analysis. The Architect shall report in
writing to the Owner any deviations from the Owner's program, referenced in Subparagraph
1.1.2.3, and the Project information, and the Schematic Design Documents.
Add the following new Subparagraphs to Paragraph 2.4.2:
2.4.2.2 The Architect shall provide three (3) copies ofthe Schematic Design Documents to the
Owner for the Owner's review and approval. The Owner shall provide written review
comments, if any, and approvals of said documents to the Architect noting changes that the
Owner would like to incorporate in the Project design within seven (7) days.
2.4.3
2.4.3.1 Add the following at the end of Subparagraph 2.4.3.1:
The Architect shall provide Design Development Documents based on the approved Schematic
Design Documents, the Owner's program, referenced in Subparagraph 1.1.2.3, and the estimate
of the Cost ofthe Work, as referenced in Subparagraph 2.1.7.1. The Design Development
Documents shall illustrate and describe the refinement of the design of the Project, establishing
scope, relationships, size and appearance ofthe Project. In addition, the Design Development
Documents shall include scaled site plans, floor plans, building sections, exterior elevations,
typical wall sections, typical details and equipment layouts. The Design Development
Documents shall also indicate the general design of building systems including structural,
mechanical and electrical systems. Major materials shall be noted on the drawings and the
City of Bozeman
Page 14 of24
documents shall include outline specifications that identify major materials and systems, and
establish their quality level. The Architect shall report in writing to the Owner that the nature of
any deviation in the Design Development Documents from the Owner-approved Schematic
Design Documents, Owner's program, referenced in Subparagraph 1.1.2.3, and other Owner
provided information pertaining to the Project.
2.4.4
2.4.4.1 Add the following to the end of Paragraph 2.4.4.1:
The Architect shall provide Construction Documents based on the approved Design
Development Documents and the updated estimate for the Cost of the Work. The Construction
Documents shall set forth, in detail, the requirements for construction of the Project. In addition,
the Construction Documents shall include drawings and specifications that establish, in detail,
the nature and quality levels of material and systems required for the Project. The Construction
Documents shall also include, but are not limited to, the following:
.1 Detailed site plans indicating the building outline on the building site, utility
locations and connections, existing and new final grades, curbs, gutters, walks, paving,
site drainage, landscaping and other important site features.
.2 Detailed building plans at a scale of not less than 1/8" = l' -0" indicating
architectural features, materials and plan dimensions. Smaller scale orientation drawings
may be provided to supplement the detailed building plans.
.3 Building and Wall Sections.
.4 Exterior Building Elevations.
.5 Reflected Ceiling Plans.
.6 Architectural Details.
. 7 Complete Structural Drawings.
.8 Complete Mechanical Drawings including HV AC Systems, Plumbing Systems,
Schedules and Details.
.9 Complete Electrical Drawings including Power Systems, Lighting Systems,
Special Systems, Schedules and Details.
The specifications shall be coordinated with the drawings and shall describe the scope, materials
City of Bozeman
Page 15 of24
and quality of workmanship of each category of the Work. The Fire Protection System shall be
specified by performance criteria. The specifications shall include a finish schedule. The
Architect shall report in writing to the Owner any deviations from the Construction Documents
prepared by the Architect and the Owner approved Design Development Documents.
2.4.4.2 Replace the word "may" in Subparagraph 2.4.4.2 with the word "shall"; and delete the
word "sample."
Add the following new Subparagraphs to Subparagraph 2.4.4:
2.4.4.3 All original drawings shall carry the registered professional stamp of the Architect or
Engineer, and shall be signed by the professional who is responsible for that document.
2.4.4.4 The Architect shall prepare and submit to the Owner a revised and updated estimate of
the Cost of the Work. The estimate ofthe Cost of the Work shall include all bid alternates that
the Architect proposes to include in the bidding documents.
2.4.4.5 The Owner may review the submitted Construction Documents and request revisions or
corrections as it deems necessary. These requests, if any, shall be reviewed by the Architect, who
shall either make the necessary revisions or corrections or report to the Owner in writing the
reason the Architect did not incorporate said revisions or corrections in the Construction
Documents.
2.4.4.6 The Owner reserves the right at its own expense to submit the Owner review documents
for review by such consultant(s) as it may select. The Owner reserves the right to make changes
in the Construction Documents whether or not such changes are the result of suggestions by the
Consultants or otherwise. The Architect shall not be held responsible for specific changes in the
design or specifications by the Owner or consultant(s), provided the Architect has filed with the
Owner at the time of the change, his written objection to said change.
2.5.4
Replace Subparagraph 2.5.4.2 in its entirety with the following:
2.5.4.2 After receiving final written approval by the Owner of the revised and submitted
Construction Documents, the Architect shall deliver to the Owner one (I) copy-ready volume of
the Project manual in 8 ~ x 11" format for the Owner to print and bind. Subsequently, the
Architect shall provide large-scale format drawing files to the reproduction printing company of
the Owner's choice. The Owner may elect for the Architect to print large-scale construction
drawings with the Architect's own equipment and labor. The Owner shall determine the quantity
of copies of bidding documents to be printed and shall deliver the printed and bound copies of
the Owner printed Project manuals to the Architect's office for distribution to prospective
bidders. The Owner shall pay all costs for document reproduction. If the Owner elects for the
Architect to print the large-scale construction drawings, the Owner will pay for the costs as ae
City of Bozeman
Page 16 of24
reimbursable expense.
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.
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 Construction 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 of the 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.
Replace the last sentence of Subparagraph 2.6.1.1 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
City of Bozeman
Page 17 of24
consistent with this Agreement or approved in writing by the Architect. The Architect shall not
incorporate terms in the Contract Documents (including the General Conditions for Construction,
AlA Document A201, 15th Edition, 1997) 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 are specifically assigned to
the Architect in the General and Supplementary Conditions for Construction, AlA Document
A201, 15th Edition, 1997, unless such duties or obligations on the part of the 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 ofthe Architect's incorporation of inconsistent or uncoordinated terms. Modifications to
the AlA Document A201 are contained in the Supplementary Conditions to AlA 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 eleven (11) month inspection and submittal report as required in Subparagraph
2.6.6.5."
2.6.1.4 Replace the words "with consent of the Contractor, which consent will not be
unreasonably withheld" in Subparagraph 2.6.1.4 with the words "and notice to the Contractor."
2.6.1.5 Add the following to the end of Subparagraph 2.6.1.5:
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 RFI 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.
2.6.2
Replace Subparagraph 2.6.2.1 in its entirety with the following:
City of Bozeman
Page 18 of24
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 determining 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 ofthe Project is in progress and shall furnish to the Owner a copy of a
report on the progress ofthe 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 bearing surface of excavation prior to placing of concrete.
.2 Observe significant reinforcing steel after installation and before concrete is
placed.
.3 Observe placing of all structural concrete.
.4 Review significant laboratory results.
.5 Observe significant structural 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 of the workmanship or circumstances be
such that the performance of the Contract Documents can not be carried out, the Owner shall be
immediately notified in writing. The Architect shall neither have control over or charge of, nor
be responsible for, the construction means, methods, techniques, 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.
City of Bozeman
Page 19 of24
2.6.2.2 The Architect shall report to the Owner known deviations from the Contract Documents
and from the most recent construction schedule submitted by the Contractor. Upon the Architect
discovering any defects or deficiencies in the Work of the Contractor, the Architect shall inform
the Owner of said defects and deficiencies and shall report any non-conformance 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 ofthe Contractor, Owner, Subcontractors, or their agents or employees, or of any other
persons or entities performing 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 Observations shall consist ofthe 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 construed 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
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
permit adequate review. Review of such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details such as dimensions and quantities, or
City of Bozeman
Page 20 of 24
for substantiating instructions 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 confirm 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 ofthe 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:
The date(s) of Substantial Completion or Final Completion shall be mutually agreed upon in
writing by the Owner and the Architect.
Add the following new Subparagraph 2.6.6.5 to Paragraph 2.6.6:
City of Bozeman
Page 21 01'24
2.6.6.5 The Architect shall prepare and submit to the Owner one (1) set of reproducible record
drawings indicating significant changes in the Work made during construction that deviate from
the original construction drawings. The record drawings shall show changes based on marked up
record drawings received from the Contractor following completion of the Work. The Architect's
field observations, change directives, change orders, Contractor furnished drawings and other
data furnished by the Contractor to the Architect shall be used to corroborate or modify indicated
changes noted on the Contractor's marked up record drawings. The accuracy of the Architect's
record drawings is not expected to be any greater than the accuracy of the original contract
drawings or the accuracy of the Contractor supplied information regarding changes in the Work.
Add the following new Subparagraph 2.6.6.6 to Paragraph 2.6.6:
2.6.6.6 The Architect, accompanied by the Contractor, Architect's Mechanical and Electrical
Consultants and the Owner's Construction Representative, shall make one (1) complete
inspection of the Work approximately eleven (11) months following the date of Substantial
Completion ofthe Work. The Architect shall determine, based upon the Architect's professional
opinion, whether the Work and all portions of the Work are in general compliance with the
Contract Documents. The Architect shall report in writing to the Owner the findings ofthe
inspection noting any areas of noncompliance with the Work. The Owner shall notify the
Contractor of any areas of noncompliance and inform the Contractor of his obligations to
remediate the noncompliant areas of the Work. The Architect is not, however, obligated in any
way to the Owner for the Contractor's performance under the terms ofthe Contract for
Construction for completion of necessary remedial Work.
2.7
2.7.1 Delete Paragraph 2.7.1 in its entirety.
2.7.2 Delete Paragraph 2.7.2 in its entirety.
2.8
2.8.3 Additional services provided by the Architect and listed in Appendix A shall be provided
on an hourly basis in accordance with the Appendix B rate sheet. These services are as follows:
.1 Programming and Site Analysis
.2 City of Bozeman Planning Approval
.3 Civil Engineering
.4 Site Survey
.5 Geotechnical Investigation/Level One Environmental Review
.6 Landscape Design
.7 Structural Special Inspections
.8 Mechanical/Plumbing/Electrical Interface
.9 Record Drawings
City of Bozeman
Page 22 of 24
2.8.4 Optional services provided by the Architect and listed in Appendix A are not included in
this agreement, unless specifically added to the Architect's scope of work in accordance with
Article 1.3 and Article 1.5.
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
construed 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 of this 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. 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 Construction Representative
P.O. Box 1230
Bozeman, MT 59771
Architect:
ThinkOne
Attn: William Hanson
101 E. Main Street, Studio 1
Bozeman, MT 59715
Page 23 of 24
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 Bozeman
Page 24 of 24
APPENDIX A
THINKONE PROPOSAL FOR BASE
SERVICES AND ADDITIONAL SERVICES
Bozeman Fire Department - Station #3
~ OnlnK
~:s,,'FeEtBreokdQwn,1
Schematic Desian !Task #41
Project MQnQg~rrtent 2 $210 8 $680 0 $0 0 $0 0 $0 2 $80 $970
Develop Schematic Pion & Elev. 4 $420 12 $1,020 0 $0 0 $0 4 $240 1 $40 $1,720
Prepare City 5it8 Pion Package wI TCA 2 $210 16 $1,360 0 $0 0 $0 12 $720 2 $80 $2,370
Consultant Coord. / Management 2 $210 12 $1,020 0 $0 0 $0 0 $0 4 $160 $1,390
Owner Review MMtings (4) 8 $840 12 $1,020 0 $0 0 $0 0 $0 2 $80 $1,940
Preliminory Cost Estimating 2 $210 4 $340 8 $680 0 $0 0 $0 1 $40 $1,270
Subtotal Schematic Design 2.5 m/day. 8 m/day. m/days 0 m/days 2 m/doy. 1.5 m/doy. $9,660
Estimated Schematic: De:!'iian Con!iiultant Fees
TeA Architecture - Brion Ho."..is $25,600.00
Mech./Plumbing/Eloct,;<ol Con.ultont $4,550.00
Structural Engineering Consutfgnt $5,495.00
Estimated Reimbursable Expenses (See attached breakdown) $3,657.50
Total Schematic Design Fee $45,305.00
Desian DeveloDment !Task #51
Project ManQgement 4 $420 12 $1,020 0 $0 0 $0 0 $0 4 $160 $1,600
Design Develop, . Plans 8 $840 32 $2,720 8 $680 8 $520 24 $1,440 2 $80 $6,280
Material Invest. & Research 4 $420 12 $1.020 0 $0 0 $0 0 $0 2 $80 $1,520
Develop Outline Sp8CiFicotions 2 $210 16 $1,360 0 $0 0 $0 0 $0 8 $320 $1.890
Quality Control Review Meeting. (2) 4 $420 6 $510 6 $510 0 $0 2 $120 1 $40 $1,600
Con~l,Ilh;J.nt Coord. I Manogement 4 $420 16 $1,360 0 $0 0 $0 0 $0 4 $160 $1,940
Owner' Review MHtings (4) 8 $840 12 $1,020 4 $340 0 $0 6 $360 4 $160 $2,720
Preliminary Cost Estlmating 4 $420 12 $1,020 24 $2,040 0 $0 0 $0 4 $160 $3,640
Subtotal De.ign Development 4.75 midDY' 14.75 m/day. 5.25 m/days m/days 4 m/days 3.625 midDY' $21,190
Estimated Desion DeveloDment Consultant Fees
TCA Arc::hifecture - Brian Harris $12,950.00
Mecl'l.!Plumbing/Electricol Consultant $12,300.00
Structul"Ol Engineering Consultant $8,853.00
Estimated Reimbl,lr50Qbll;! Expense$ ($eEt atkJched breakdown) $3,205.31
Total Design Development Fee $55,293.00
Contrad Documents
Project Monc9E1ment 8 $840 32 $2,720 0 $0 0 $0 0 $0 4 $160 $3.720
Dr'owing I Specification Package 16 $1,680 180 $15,300 24 $2,040 100 $6,500 100 $6,000 20 $800 $32,320
Quality Control R.;wiew 8 $840 16 $1,360 16 $1,360 8 $520 8 $480 4 $160 $4,720
Consultant Coor'd. Mgmnt 4 $420 32 $2,720 4 $340 0 $0 0 $0 8 $320 $3,800
Document Coord. Printing 4 $420 8 $680 0 $0 12 $780 12 $720 8 $320 $2,920
Per'mit ApplicCltion I Review 4 $420 12 $1,020 0 $0 0 $0 0 $0 2 $80 $1,520
Detailed Cost Estimate 4 $420 12 $1,020 24 $2,040 0 $0 0 $0 1 $40 $3,520
Own.r Review Mooting. (6) 16 $1,680 24 $2,040 12 $1,020 0 $0 0 $0 4 $160 $4,900
Subtotal Contract Documents Fee 8 m/days 39.5 m/doy. 10 midDY' 15 m/doy. 15 m/doy. 6.375 m/doys $57,420
E~timated Contract Doc::umenH; Consultont Fees
TCA Ar<hitocture $8,950.00
Mech.!Plumbing/Electricol Consultonl $32,850.00
StrudlJr'ol Engineering Consultant $12,787.00
Estimoted. Reimbursable Expenses (See ottached breakdown) $4,154.06
Total Contract Documents Fee $116,161.06
F.. Proposal 6.26.07 with M-M prll;inQ for MEP & Qddl $V(:i",XLS
Pt;.g. .,
6/26/2007
-.---------..----
Bozeman Fire Department ~ Station #3 .. Onlnl-tl
Total
$40/hr
Biddina I Neaotiqjions
Project Management 2 $210 8 $680 0 $0 0 $0 0 $0 0 $0 $890
Coord. wi Construction Manager 2 $210 12 $1,020 4 $340 0 $0 0 $0 0 $0 $1,570
Preparation of Multiple Bid Sets 2 $210 24 $2,040 4 $340 8 $520 12 $720 8 $320 $4,150
Bid Coord. / Addenda Coord. 2 $210 8 $680 4 $340 0 $0 8 $480 8 $320 $2,030
Bid Recommendation $105 2 $170 0 $0 0 $0 0 $0 1 $40 $315
Subtotal Bidding I Negol. Fee 1.125 m/days 6.75 m/doys 1.5 m/doys m/days 2.5 m/days 2.125 m/doys $8,955
Estimated Biddino I Neaotiotion Con!;ultanl FII!lIM
TCA Arc:hitectur4;l $1,200.00
Mech.!Plumbing/Eledrical Consultant $1,600.00
Structurol Engineering Consultant $744.00
E~imated ReirnbursQble Expense$ (Sea anoch&d breakdown) $4,035.00
Total Bidding I Negotiation Fee $16,534.00
Construction Administration
Pl'Ojecl MOr'logement 8 $840 16 $1.360 16 $1,360 0 $0 0 $0 4 $160 $3,720
Con!iult. Coord. 4 $420 16 $1,360 16 $1,360 0 $0 8 $480 4 $160 $3,780
Shop Drawing Review 4 $420 32 $2,720 40 $3,400 0 $0 8 $480 8 $320 $7,340
On Site Administration 8 $840 24 $2,040 100 $8,500 0 $0 16 $960 8 $320 $12,660
Pay Application Review 4 $420 8 $680 24 $2,040 0 $0 0 $0 8 $320 $3,460
Proiect Closeout 8 $840 12 $1,020 20 $1,700 8 $520 8 $480 8 $320 $4,880
Subtotal Construction Admin. Fee 4.5 m/days 13.5 m/doys 27 m/doys m/doys 5 m/days 5 m/days $35,840
Estimated Construction Administration Conliiultont Fees
TCA Architecture $4,800.00
Mech.!Plumbing/Electrical Consultant (ind 12 hrs for warranty in$p,) $11,150.00
SI"uduml Consultant $6,000.00
Estim[]ted Reimbut/ioble Expenses (SH attached breakdown) $3,102.80
Total Construction Administration Fee $60,892.80
Ne OeSIGN FEE SUMMARY
S\lfl$rriaiic'Design
~.!epm"nt
. .. 6oc~m"n!$
~i~~lpsVN~9otiations
Construction Administration
TotafBa.. Design Fee Proposal (including consultalll .....)
$294,185,86
Fee Propollal 6-26-07 with M-M pricing for MEP & addl 5VCi:.XLS
Page - 2
6/2612007
Bozeman Fire Department ~ Station #3
.. Onlnlii
HO/hr
.A.dtlitf~hc:il Services:
Proarammina & Site Analvsis lTasks #1 &2\
Proiect Management 2 $210 8 $680 0 $0 0 $0 0 $0 2 $80
Programming Meeting5 (3) 6 $630 12 $1,020 0 $0 0 $0 4 $240 2 $80
Review Site Data and Coordinc;:rta 2 $210 8 $680 0 $0 0 $0 0 $0 0 $0
Consultant Coord_ I Managl;tn'lent 2 $210 4 $340 0 $0 0 $0 0 $0 4 $160
Subtotal Programming 1.5 m/days 4 m/day. 0 m/days 0 m/days 0.5 m/day. m/day.
Estimated ProQrommina & Site Analvsis Consultant Fees:
TCA ArchitectUl'& - Brian Harris
M&Ch.!Plumbing/Electricol Consl,Jftcnt (24 hour e:!itimatel
Str'udUl'al Engineering Consultant
Estimated Reimbursable ExpensM (See attached breakdowl1)
Total
$970
$1,970
$890
$710
$4,540
$ 17,040.00
$2,350.00
$1,567.00
$2,415.50
$25,497.00
Total Programming & Site Analy.is Faa
City of Bozeman Planning ADorovol
Proiect Management 4 $420 6 $450 0 $0
Preliminary Site Plan Subn'littol 4 $420 18 $1,350 0 $0
ORe/ORB Meeting. 4 $420 12 $900 0 $0
Comment Response 2 $210 12 $900 0 $0
Finol Site Plan Submittal 2 $210 8 $600 0 $0
Subtotal City of Bozeman Planning Fee 2 m/days 7 m/day. 0 m/days
Total City of Bozeman Planning Approval Fee
0 $0 0 $0 2 $80
2 $130 0 $0 1 $40
0 $0 0 $0 2 $80
2 $130 0 $0 2 $80
4 $260 4 $240 1 $40
m/days 0.5 m/day. m/days
Civil Engineerina (Station #3 Sitel
Project Stcltt-up & Programming (support for TO!iik #1)
Site Analysis. Design Coordinatioli (support for Task #2)
Schen'latii:. Design Input. Site Grading and D'*"ign (Support for Task #4)
Design Development ($l,Ipport for T osk #5)
Construction Doi:.uments (Support for Task #6)
B;dd;ng & Negot;otion. (Support 10, T o,k #71
Construction Administration (Support for Task #8)
Fire Lilie Design and Speciollnspection!io
$0
$0
$0
$0
$0
$0
$0.00
$485
$1.072
$1,418
$2,044
$9,464
$511
$2,448
$4,126
Total Civil Engineering Design
$21,568
Site Survey IStation #3 Sitel
Morrison Maierle Proposol to SUl"Yay Site #3
Total Survey Preporotion
Geotechnicallnve.tiaotion I level One Environmentollteview IStation #3 Sitel
Geotechnicallnvestigl;:Jtion (provider to be determined)
$4,400
$4,400
$4,000
Total Geotechnical Report ("Estimate Only)
$4,000
landscaDe Desian (Station #3 Sitel
landscape Design Service$ (providt;tr to be determined)
$1,500
$1,500
Tatallandscapa Design (o.Estimate Only)
Strudural SDeciallnsDedions (Station #31
Required SpedClllnspection for Concrete, Structural Steel, Mosonry and Misc. Conn&Ctionli ~ by Morl'ison Maierl.
$16,016
$16,016
Total Strudural Speciollnspedions
M/P/E Commissionina Interface Effort (Stotion #31
Design Team interfoc;e to work with independent Commissioning AQent
$8,500
$8,500
Total M/P/E Commissioning Intarface
Record Drawings IStation #31
Filii. Ptopo$ol 6.26-07 with M~M prieit'\9 for MEP & addl S'lcs.XLS
P(lg.,.3
6/26/2007
Bozeman Fire Department - Station #3
..,. onlIlk
Pl'epor'olion of Record Drawings for Owner's Use (Assumes digital files and hard copy on reproducible vellums)
MEP record drawinQs
$4,500
$1 ,700
Totol Record Drawings
$6,200
tity
$'0;00:'
$21,568.00
Civil Engin....ri"ll:
$ita:$u~y
$a,5'Oo.QO
$6,200.00
$62,184.00
Fee Proposal 6-26-07 with M-M "ridng for MEP & addlli'\lcs.XLS
pgg. - 4
6/26/2007
Bozeman Fire Department. Station #3
,. Onlnk
Oofional Services:
Pro~rammin~ & Schematic Desion for Fl,lture Station #4 (Work concurrent with Station #31
Pr'oj8d Management 2 $210 8 $680 0 $0 0 $0 0 $0 $40 $930
Develop Schematic Plan & Elev. 4 $420 8 $680 0 $0 0 $0 4 $240 $40 $1,380
City Site Plan Package wi TCA 2 $210 16 $1,360 0 $0 0 $0 12 $720 2 $80 $2,370
Con!i:l,Iltant Coord_ I Management 2 $210 12 $1,020 0 $0 0 $0 0 $0 2 $80 $1,310
Owner Review Meetings 12) 4 $420 6 $510 0 $0 0 $0 0 $0 2 $80 $1,010
Preliminoty Cost Estimoting 2 $210 4 $340 6 $510 0 $0 0 $0 $40 $1,100
Sl,Ibtotol Schem. Design (St. #4) 2 m/days 6.75 m/days 0.75 m/days 0 m/days 2 m/days 1.125 m/days $8,100
Estimated Schematic Desian Consultant Fetls
TCA Ar'chitedUr'8 - Brion Ho!"ris $8,030
Me<::h_/Pll,lrr'lbing/Eledr'icnl Con!iultont $1,800
Structural Engineering Consl.,Iltant $2,950
Civil Engineering For Site #4 $4,200
Si~ Survey far S~. #4 $4,400
Geotechnical I Envir'onmentallnvestigation for Site #4 $4,000
E~iniated Raimbur'!i:oblt!l Expen!ie:!ii lSlM attached br80kdown) $360
Total Programming & Schemotic Design Fee. Station #4 $33,840
Contrad Docl,lmentl - Station #4 (Concl,lrrent Prodl,ldion w/ Station #31
Proied Manogement 4 $420 16 $1,360 0 $0 0 $0 0 $0 2 $80 $1,860
Drawing I Specification Package 16 $1,680 60 $5,100 24 $2,040 40 $2,600 40 $2,400 10 $400 $14,220
Quality Control Review 4 $420 12 $1,020 12 $1,020 8 $520 8 $480 4 $160 $3,620
Consultant Coord. Mgmnt 4 $420 16 $1,360 4 $340 0 $0 0 $0 8 $320 $2,440
Document Coord. Pl'inting 4 $420 8 $680 0 $0 12 $780 12 $720 8 $320 $2,920
Owner Review Meeting5 (3) 4 $420 12 $1,020 8 $680 0 $0 0 $0 2 $80 $2,200
Sl,Ibtotal Controd Documents Fee 4.5 m/ day. 15.5 m/days 6 m/days 7.5 m/day. 7.5 m/day. 4.25 m/days $27,260
E~imated Contmd Document Consultont FeM
TCA Architecture ~ Brian Harris $4,500
Moch./Plumbing/Electrical Con,ullont $8,500
Structural Engineering Consultant $8,500
Civil Engineering For Site #4 $5,200
Estimated Raimbur':!'iobltt Expenses (56e anached br80kdown) $604
Total Contrad Docl,lment Fee - Station #4 $54,564
LEED Certification
Project Management 4 $420 16 $1,360 0 $0 0 $0 0 $0 2 $80 $1,860
Team Meetings 10 $1,050 10 $850 4 $340 0 $0 0 $0 4 $160 $2,400
Ar'ch. Design Cool'dination 0 $0 16 $1,360 0 $0 0 $0 0 $0 0 $0 $1,360
Consultnnt Design Coor'dination 8 $840 16 $1,360 0 $0 0 $0 0 $0 2 $80 $2,280
LEED T emplah;l Preparation 4 $420 24 $2,040 0 $0 0 $0 0 $0 4 $160 $2,620
Construction Administration (Field) 0 $0 0 $0 30 $2,550 0 $0 0 $0 4 $160 $2,710
Constl'lJdion Administration (Office) 0 $0 0 $0 30 $2,550 0 $0 0 $0 4 $160 $2,710
Application Administration 2 $210 24 $2,040 0 $0 0 $0 0 $0 2 $80 $2,330
Subtotal Think One Labor 3.25 m/days 10.25 m/days 0.5 m/days 0 m/days 0 m/days 1.5 m/ days $18,270
Consultant Fees:
Civil Engin88r $1,860.00
Structvral Engineer $1,515.00
Mech_/Plumbing/Eledl'icnl Engineel' $19,900.00
Additional Civil!M/P/E Comrtruction Observation $6,250.00
Extel'nal Commisioning (independent consultant) $0.00
Estimated Reimbursable Expen.e. (S.. attached b....akdown) $266.25
Total LEED Certification $47,795.00
F.. Propoliial 6-26-07 with M-M pricing for MEP & addlliiVaI,XLS
Pa9~ - 5
6/26/2007
Bozeman Fire Department - Station #3
.,. tin I n I-ii
Auto shut-off tanh'cls in kitchen
Code Blue
pQging/tel8Com
Security controls for ~areQ of refvge~
Security camera infrastructure
Training tower fire sprinkling s,)'5tem
Training tower 5moke evQcuation/exhal,l!it
MEP support ror a commercial kitchen
$100
$800
$800
$400
$200
$300
$200
$400
Total Speciality Systems for M/E/P
$3,200
Facilitv SUDDort and Rendering, fur Communitv Outreach IT a.k #3)
A55istance with Preparation of rr'larketing br'oc:hura, community olJtrflQch meetings, ere.
Photorealistic Image(s) for Marketing Qnd Community Support
(each)
hourly
$2,500
Total Facility Support and Renderings
TBD
ReimbursabliJEX'i'en,e Delail'$ymmaiV'*jliJlj:tibvrsablelte"'$ to be biO.d at direct exDan.a Diu. 10%}
Proarammina & Site AnalYSi. EXDen.e.
Airline Travel/Per Diem 3 trips @
Review Package Printing 12 sets @
Office Equipments / Computers 7 m/days @
Miscellaneou, postage/telephone/travel charges (estimated)
Programming & Site Analysis Expenses
Schematic Desian EXDen.es
Airline Travel/Per Diem
Review Package Printing
Office Equipments / Computers
M/E/P e,timated R.E.
Miscellaneous postage/telephone/travel charges (estimated)
Subtotal Design Development Expenses
3 trips @
12 set> @
15m/days @
Desion DeveloDment ExDenses
Airline Travel I Per Diem
Review Package Printing
Office Equipments I Computers
MjE/P estimated R.E.
Mistelloneous po'tage/telephane/travel charges (estimated)
Subtotol Design Development Expenses
2 trips @
12,ets @
33.375 m/doys @
Contrad DQcum~"t ExDsnses
Airline Travel/Per Diem
Review Set Printing
Office Equipments / Computers
M/E/P e,timated R.E.
Miscellaneous DostoRe/telephone/travel charges (estimoted)
Subtotal Contract Document Expenses
2 trip'
12 eo
93.875 m/days @
650 /trip
$24.00 eO
$7.50 eo
650 /trip
$35.00 eo
$7.50 eo
650 /trip
$40.00 eo
$ 7.50 eo
@
650 Itrip
$75.00 eo
$7.50 eo
Biddina & Neaotiotion. EXDen....
Airline Travel I Per Diem 0 trips @ 650 /trip
8id Document Printing 50 eo $75.00 eo
Office Equipment, / Compute" 15 m/doys @ $7.50 eo
Miscellaneous document printing / reproduction costs (assume 100 addenda dotument sets @ $1 / set)
Miscelloneous /telephone/travel charges (estimated)
Subtotal Bidding & Negotiation, Expen,e,
Construction Admini.tration Reimbu"able EXDens",
Travel Ca,ts 80 trips @
Airline Travel I Per Diem 2 trips @
Office Equipment> I Computers 56 m/doys
Miscellaneous document printing / reproduction costs
M/E/P estimoted R.E.
Mi,celloneous postage/telephone/travel charges (estimated)
Subtotal Construction Administration Expenses
Praaramming & Schematic Desian for Station #4
Airline Travel/Per Diem 0 trips @
Document Printing 12 eo
Office Equipments / Computers 12.625 m/days
Miscellaneous postoge/telephone/travel charges (estimated)
Subtotal City of Bozeman Planning Approval Expenses
6 miltrip
650 /trip
$7.50 eo
480
Charged @ $.485/mi
650 /trip
$20.00 eo
$7.50 eo
$1,950.00
$288.00
$52.50
$125.00
$2,415.50
$1,950.00
$420.00
$112.50
$1,000.00
$175.00
$3,657.50
$1,300.00
$480.00
$250.31
$1,000.00
$175.00
$3,205.31
$1,300.00
$900.00
$ 704.06
$1,000.00
$250.00
$4,154.06
$0.00
$3,750.00
$85.00
$100.00
$100.00
$4,035.00
$232.80
$1,300.00
$420.00
$100.00
$1,000.00
$50.00
$3,102.80
$0.00
$240.00
$94.69
$25.00
$359.69
Fee Propo~al 6-26-07 with M-M pricing for ME? & cddlsvcs,XLS
Page. 6
6/26/2007
Bozeman Fire Department - Station #3
.. IJnln~
Airline Travel/Per Diem 0 trips @
Document Printing 12 eo
Office Equipments / Computers 45.25 m/days
Miscellaneous postage/telephone/travel charges (estimatedl
Subtotal City of Bozeman Planning Approval Expenses
tEED Certification
Office Equipments / Computers 15.5 m/doys
Miscellaneous document printing / reproduction costs
Miscellaneous postage/telephone/trovel charges [estimotedl
Sublotal LEED Certification Expense.
650 Itrip
$20.00 eo
$7.50 eo
$0.00
$240.00
$339.38
$25.00
$604.38
$7.50 eo
$116.25
$50.00
$100.00
$266.25
Fee Propo.;ol 6-26-07 with M-M pricing for MEP & oddl SV'l;;lI.XLS
pgg. - 7
6/26/2007
APPENDIX B
HOURLY RATE SCHEDULES
n Qn!!1~8Qn~
101 E. Main Street - Studio One
Bozeman Montana 59715
ph:406.586.7020 fx:406.586.8470
Hourly Rate Schedule
PRINCIPAL William Hanson $105
PRINCIPAL/PROJECT MANAGER Russell Harris $105
PROJECT ARCHITECT Jonathon Wirth $85
CONSTRUCTION MANAGER Jay Morris $75
AIT Jamie Hicks $65
OTHER: Clerical Gwen Gordon Lottman $40
Attachment No.3
T
.
A
architecture. planning
FEE SCHEDULE- APPENDIX B
A. ADDITIONAL SERVICE FEES AND REIMBURSABLE EXPENSES
1. HOURLY RATE SCHEDULE*
Additional service fees and reimbursable expenses are based on the following conditions unless otherwise noted.
Professional Services
Principal Architects
Project Architect
Project Manager
Job Captain
Specification Writer
Technician/Drafter
Administration/Clerical
Technical Services
$135.00 per hour
$110.00 per hour
$110.00 per hour
$95.00 per hour
$110.00 per hour
$85.00 per hour
$65.00 per hour
*Hourly rates may be adjusted on an annual basis per federal statistics on cost of living (revised wage earner) for the Seattle
area or in accordance with normal salary review practices of TCA Architecture Planning
2. REIMBURSABLE EXPENSES
Reimbursable expenses will include all expenses incurred during the course of the work not identified as basic
service:
Consultant Services
(not included in basic service) Cost plus 15%
Printina/PhotoaraDhv (in house)
Photocopies B&W (8 112 x 11)
Photocopies B&W (11 x 17)
Photocopies Color (8 112 x 11)
Photocopies Color (11 x 17)
Plots/Large B&W (24 x 36 & 30 x 42)
Plots/Large Color (24 x 36 & 30 x 42)
Printina/PhotoaraDhv (bv vendor)
Reproductions by vendor
Printing/Photography by vendor
Communications
Outgoing Faxes (long distance)
Long distance telephone
Delivery/Postage
Travel
Auto
Air
Subsistence
Other
Professional liability insurance
Miscellaneous (as authorized)
B. TERMS
$0.10
$0.20
$1.00
$2.00
$8.00
$15.00
Cost plus 15%
Cost plus 15%
$1.00/page
Cost plus 15%
Cost plus 15%
112 hourly rate plus mileage billed at federal reimbursement rate
112 hourly rate, plus airfare at cost plus 15%
Incurred while away from home office on business connected with
clients work, at cost plus 15%
1.5% of TCA fees invoiced
Cost plus 15%
Billings are payable on the date submitted and are considered to be delinquent 30 days from invoice date unless otherwise
agreed to. A finance charge of 15% APR will be added to past due accounts commencing from the date payment is due.
6211 Roosevelt Way Northeast. Seattle, WA. 98115
Voice: (206) 522~3830 · Fax: (206) 522-2456 · E-mail: office@tca-inc.com . Web: www.tca-inc.com
Z;\ProjMan\0704-Bozeman Fire Dept\Contr.lld:\TCA hourty l'Q1e sneet.CfOc
MORRISON.MAIERLE, INC. . BOZEMAN
STANDARD BILLING RATES SCHEDULE
PAGE 1
RATES EFFECTIVE THROUGH APRIL 30, 2008
PROFESSIONAL SERVICES STANDARD RATE OVERTIME RATE
Principal: $182.00 $182.00
Engineer:
Supervising Engineer III $148.00 $148.00
Supervising Engineer II 144.00 144.00
Supervising Engineer I 130.00 130.00
Senior Engineer II 118.00 118.00
Senior Engineer I 108.00 108.00
Design Engineer II 98.00 98.00
Design Engineer I 90.00 90.00
Staff Engineer 82.00 82.00
Engineer Intern 75.00 75.00
Scientist:
Senior Environmental Scientist $106.00 $106.00
Environmental Scientist 93.00 93.00
Environmental Professional II 84.00 84.00
Environmental Professional I 70.00 70.00
Senior Geologist 124.00 124.00
Geologist II 110.00 110.00
Geologist I 88.00 88.00
Engineering Technician:
Senior Engineering Technician $94.00 $94.00
Engineering Technician II 88.00 88.00
Engineering Technician I 75.00 75.00
Technician III 65.00 97.50
Technician II 57.00 85.50
Technician 41.00 61.50
Resident Project Representative II $92.00 $92.00
Resident Project Representative I 80.00 80.00
Clerical, Graphics, and Reproduction:
Administrative Manager $70.00 $70.00
Administrative Coordinator 60.00 90.00
Administrative Specialist II 52.00 78.00
Administrative Specialist I 44.00 66.00
Administrative Technician 37.00 55.50
IS Technician 75.00 75.00
Printer 65.00 97.50
Graphics Technician 65.00 97.50
SURVEYING SERVICES STANDARD RATE OVERTIME RATE
Senior Survey Manager $143.00 $143.00
Survey Manager 132.00 132.00
Land Surveyor II - PLS 93.00 93.00
Land Surveyor I - PLS 87.00 87.00
Land Surveyor - LSI 80.00 80.00
Survey Technician III 74.00 74.00
Survey Technician II 63.00 94.50
Survey Technician I 50.00 75.00
Survey Crew:
3.Person Crew Quote per Job Quote per Job
2.Person Crew Quote per Job Quote oer Job
StdBilJRates Boz ApriL2007.xls
5/1712007
MORRISON-MAIERLE, INC. - BOZEMAN
STANDARD BILLING RATES SCHEDULE
PAGE 2
RATES EFFECTIVE THROUGH APRIL 30, 200f
EQUIPMENT RATES
Company Vehicle - highway miles $.65/mile
- on-site mileage .SS/mile plus S.OO/hour
Private Vehicle Prevailing Federal Rate
A TV/Snowmobile 35.00/day
Electronic Distance Measuring S.OO/hr, 25.00/day
Total Station 10.00/hr, SS.OO/day
Nuclear Densometer 10.00/hr, 35.00/day, 6S0.00/mo.
Traffic Counter SO.OO/day
RTKlStatic GPS Systems: Quote per Job
HYDROLOGICAL EQUIPMENT
Blue White Flow Meter 20.00/day, 50.001wk
Checkvalve Pump (Brainard-Kilman) 10.00/day
Combustible Gas Indicator, Explosimeter 4S.00/day, 130.00/wk, 400.00/mo
Conductivity Meter 1S.00/day
Dissolved Oxygen Meter 20.00/day
Hermit Data Logger/Probe 100.00/day,400.00/wk
MiniTroll Data Logger aO.OO/day, 260.00/wk
OillWater Interface Well Probe 40.00/day,1S0.00Iwk
PH Meter 15.00/day
PHlTemp/Conductivity Meter 25.00/day
Photo-Ioniz. Detector (HNu) a5.00/day, 2S0.00/wk, aOO.OO/mo
Stream Flow Meter 25.00/day
Submersible Pump (Redi Flo 2) 155.00/day
Turbidity Meter 25.00/day
Well Bailer 2" Stainless Steel $5.00/day
Well Bailer 4" PVC S.OO/day
Well Bailing Unit, Gas Powered 100.00/day
Well Probe, 500 Ft. with Temperature Sensor SO.OO/day,1S0.00/wk
Well Probe, SINCO 300 Ft. 1S.00/day
MISCELLANEOUS EXPENSE
Lodging Current Rates
Meals $2S.00/day
Technology and Communications 4.00 per labor hour
Copier Reproduction .10/page
(Reduced rates for volume copying)
Prints (Blue, Black, Brownline) .10/sq.ft.
Materials and other direct costs will be invoiced at current rates plus a 10% handling fee. Included as direct
costs are the following:
.
Approved employee meals, lodging, transportation
Premium delivery service (UPS, Federal Express, etc.)
Field and office supplies
Premiums for Special Insurance, Performance Bonds, etc.
Other out-of-pocket expenses
Consultants
.
.
.
.
.
The cost of Professional Liability Insurance coverage is included in the hourly rates of personnel.
Std8illRates 80z April_2007.xls
5/17/2007