HomeMy WebLinkAboutC3. Architecture Trio PSA1
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Wendy Thomas, Community Development Director
SUBJECT: Architectural Design Review Professional Service Agreement
MEETING DATE: October 26, 2015
RECOMMENDATION: Approve the City Manager’s signature on the attached Professional Service
Agreement with ARCHitecture trio for Architectural Design Review.
BACKGROUND: The City posted an RFQ for Design Review on August 30th and September 6th. ARCHitecture trio was the only response to the posting. The firm has been providing architectural
review services to the City for approximately a year. The Design Review Board has commented on the
comprehensive and thorough staff reports that have been submitted for their use in reviewing project
since the consultant started providing these services to the City. The draft reports prepared by the consultant are reviewed and amended, as needed, by staff prior to distribution to review boards or the
City Commission. The Bozeman Municipal Code (BMC) requires that city staff perform architectural
design review on qualifying projects. The City has been unsuccessful in recruiting an architect to fill
the design review role per the BMC.
ALTERNATIVES: If the commission chooses not to enter into a Professional Service Agreement
with ARCHitectural trio, the alternative would be to repost the RFQ in an attempt to receive additional
responses.
FISCAL EFFECTS: ARCHitectural trio will charge $110/hour for the principal and $95/hour for a graduate architect. Two other firms were contacted for quotes for services. The hourly rates given by
those firms were $135/hour and $150/hour.
Attachments: Design Review RFQ Notice
ARCHitecture trio Qualifications and Costs
Professional Service Agreement
Scope of Services
Report compiled on: October 9, 2015
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 26th day of October, 2015, by and
between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation
organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse
Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771,
hereinafter referred to as “City,” and, Architecture Trio, hereinafter referred to as “Contractor.
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Attachment “A” and by this reference
made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution
and will terminate on the 1st day of October, 2016.
3. Scope of Work: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement
and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in the Scope of
Services. Any alteration or deviation from the described services that involves additional costs
above the Agreement amount will be performed by Contractor after written request by the City, and
will become an additional charge over and above the amount listed in the Scope of Services. The
City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of
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Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform said services in a professional,
competent and timely manner and with diligence and skill; that it has the power to enter into and
perform this Agreement and grant the rights granted in it; and that its performance of this
Agreement shall not infringe upon or violate the rights of any third party, whether rights of
copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature whatsoever,
or violate any federal, state and municipal laws. The City will not determine or exercise control as
to general procedures or formats necessary to have these services meet this warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that
Contractor is an independent contractor for purposes of this Agreement and is not to be considered
an employee of the City for any purpose. Contractor is not subject to the terms and provisions of
the City’s personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Contractor is not authorized to represent the City or otherwise
bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter
71, MCA. Contractor shall maintain workers’ compensation coverage for all members and
employees of Contractor’s business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s
normal place of business and shall be made no later than the first day of services provided under
this Agreement. Such posting shall be removed only upon expiration or termination of this
Agreement.
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Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated with
such problems or disputes and for any claims regarding underpaid prevailing wages.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and
hold harmless the City, its agents, representatives, employees, and officers (collectively referred to
for purposes of this Section as the City) from and against any and all claims, demands, actions, fees
and costs (including attorney’s fees and the costs and fees of an expert witness and consultants),
losses, expenses, liabilities (including liability where activity is inherently or intrinsically
dangerous) or damages of whatever kind or nature connected therewith and without limit and
without regard to the cause or causes thereof or the negligence of any party or parties that may be
asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or
resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the
Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents;
or (iii) the negligent, reckless, or intentional misconduct of any other third party.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
willful misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this Section
must not be construed to negate, abridge, or reduce any common-law or statutory rights of the
indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right to
contribution from any insurance maintained by City.
Should any indemnitee described herein be required to bring an action against the Contractor
to assert its right to defense or indemnification under this Agreement or under the Contractor’s
applicable insurance policies required below the indemnitee shall be entitled to recover reasonable
costs and attorney fees incurred in asserting its right to indemnification or defense but only if a
court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or
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was obligated to indemnify the indemnitee for a claim(s) or any portion(s) thereof.
In the event of an action filed against City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or property arising
from, growing out of, or in any way connected with or incident to the performance of this
Agreement except “responsibility for his own fraud, for willful injury to the person or property of
another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any
exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000
annual aggregate; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The
insurance and required endorsements must be in a form suitable to City and shall include no less
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than a sixty (60) day notice of cancellation or non-renewal. The City must approve all insurance
coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City
within two (2) business days of Contractor’s receipt of notice that any required insurance coverage
will be terminated or Contractor’s decision to terminate any required insurance coverage for any
reason.
The City must approve all insurance coverage and endorsements prior to the
Contractor commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any terms
or conditions of this Agreement, the City may, by written notice, terminate this Agreement
and the Contractor’s right to proceed with all or any part of the work (“Termination Notice
Due to Contractor’s Fault”). The City may then take over the work and complete it, either
with its own resources or by re-letting the contract to any other third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature arising, or claimed to have arisen, as a result of the termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement City may terminate
this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the
City may otherwise have against Contractor.
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b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance under
this Agreement and make every reasonable effort to refrain from continuing work, incurring
additional expenses or costs under this Agreement and shall immediately cancel all existing
orders or contracts upon terms satisfactory to the City. Contractor shall do only such work
as may be necessary to preserve, protect, and maintain work already completed or
immediately in progress.
c. In the event of a termination pursuant to this Section 13, Contractor is
entitled to payment only for those services Contractor actually rendered on or before the
receipt of the Notice of Termination for City’s Convenience.
d. The compensation described in Section 13(c) is the sole compensation due to
Contractor for its performance of this Agreement. Contractor shall, under no circumstances,
be entitled to claim or recover consequential, special, punitive, lost business opportunity,
lost productivity, field office overhead, general conditions costs, or lost profits damages of
any nature arising, or claimed to have arisen, as a result of the termination.
10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby expressly
waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be Brian Kruger (Development Review Manager, Community
Development) or such other individual as City shall designate in writing. Whenever
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approval or authorization from or communication or submission to City is required by this
Agreement, such communication or submission shall be directed to James Goehrung as the
City’s Representative and approvals or authorizations shall be issued only by such
Representative; provided, however, that in exigent circumstances when City’s
Representative is not available, Contractor may direct its communication or submission to
other designated City personnel or agents as listed above and may receive approvals or
authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be Pat Jacobs or such other individual as Contractor shall
designate in writing. Whenever direction to or communication with Contractor is required
by this Agreement, such direction or communication shall be directed to Contractor’s
Representative; provided, however, that in exigent circumstances when Contractor’s
Representative is not available, City may direct its direction or communication to other
designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and disposal
of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and
provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County,
and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
14. Nondiscrimination: The Contractor will have a policy to provide equal
employment opportunity in accordance with all applicable state and federal anti-discrimination
laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a
person from employment, or discriminate against a person in compensation or in a term, condition,
or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital
status, national origin, actual or perceived sexual orientation, gender identity, physical or mental
disability, except when the reasonable demands of the position require an age, physical or mental
disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title
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VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations
promulgated there under. The Contractor shall require these nondiscrimination terms of its sub-
Contractors providing services under this agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training:
Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or
illegal drugs, by any employee or agent engaged in services to the City under this Agreement while
on City property or in the performance of any activities under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S.
Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing his employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination without
prior approval of the City.
18. Non-Waiver: A waiver by either party any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such term
or conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
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19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party
of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement
or to give any notice required herein, then the prevailing Party or the Party giving notice shall be
entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel
to include City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon mutual
agreement of the parties, the parties may invite an independent, disinterested mediator to
assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from the
date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
24. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
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27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part thereof
by reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made prior
to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of
this Agreement by reference.
30. Extensions: this Agreement may, upon mutual agreement, be extended for a
period of one year by written agreement of the Parties.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Chris Kukulski
City Manager
Print Name:
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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ATTACHMENT A
SCOPE OF SERVICES
DESIGN REVIEW
General:
The scope of services include completing architectural design review consistent with the
requirements of the Unified Development Code and the preparation of staff reports for applications
for review by the Design Review Board, Community Development Director, and the City
Commission.
Tasks:
1. Review Design Review application(s) including application, floor plans and elevations,
drawing details, project materials, site development plans, renderings, etc.
2. At the request of City staff, meet to identify additional project information submitted or
needed for sufficient review.
3. Review applicable codes, land use regulations and other neighborhood and planning
documents as applicable to each application.
4. Prepare design review comments. Staff report formatting and organization to be consistent
with current standards based on application type.
5. Investigate and research of similar projects and other best practices, including providing
photographs of sample design solutions which may be applicable to the design photographs
of sample design solutions which may be applicable to the design review.
6. Provide revisions and additional information as requested by staff.
Assumptions:
1. City stall will provide electronic or paper copies of all application materials and any other
associated materials such as previous applications which may be pertinent to the review.
2. City staff will provide similar examples of other review applications if possible to assist in
the review and staff report formatting.
Fee for services:
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Professional Services Agreement
FY 2015 – FY 2016
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Request for Qualifications
For
PROFESSIONAL SERVICES TO COMPLETE ARCHITECTURAL
DESIGN REVIEW FOR THE CITY OF BOZEMAN
Proposals must be received no later than:
Email OR Deliver proposal to:
Stacy Ulmen, City Clerk
PO Box 1230
121 North Rouse Ave Suite 202
Bozeman, MT 59771
agenda@bozeman.net
NOTICE IS HEREBY given that the City of Bozeman is requesting a statement of qualifications to
provide architectural design review services for site plans and other planning applications to the
Planning Division of Community Development. All statements of qualifications must be in the
format specified, enclosed in a sealed envelope and clearly identified with RFQ title, company
name and due date.
Deliver proposals via email at agenda@bozeman.net or to the City Clerk at the following
address PO Box 1230, 121 North Rouse Ave, Suite 202, Bozeman, MT 59771 by Monday,
September 14th , 2015 @ 5:00 p.m. It is the sole responsibility of the proposing firm to ensure
Monday, September 14th 2015 @ 5:00
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FY 2015 – FY 2016
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that proposals are received prior to the closing time as late submittals will not be accepted
and will be returned unopened.
DISCRIMINATION
Discrimination in the performance of any agreement awarded under this RFQ on the basis of
race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived
sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the
hiring and treatment of the awarded entity’s employees and to all subcontracts.
As such, each entity submitting under this notice shall include a provision wherein the
submitting entity, or entities, affirms in writing it will not discriminate on the basis of race,
color, religion, creed, sex, age, marital status, national origin, or because of actual or
perceived sexual orientation, gender identity or disability and which also recognizes the
eventual contract will contain a provision prohibiting discrimination as described above and
that this prohibition on discrimination shall apply to the hiring and treatment of the
submitting entity’s employees and to all subcontracts.
Failure to comply with the above shall be cause for the City to deem the submittal non-
responsive.
The City of Bozeman is required to be an Equal Opportunity Employer
DATED at Bozeman, Montana, this 27th day of August, 2015
Stacy Ulmen, CMC
City Clerk
For publication on:
Sunday, August 30th, 2015
Sunday, September 6th, 2015
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FY 2015 – FY 2016
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I. PROJECT DESCRIPTION
A. Introduction
The City of Bozeman is Montana’s fourth largest municipality with a population of approximately
39,860 persons (July 1, 2013). The City includes approximately 12,477 acres in size with a planning
area of 42,463 acres. Bozeman sits in Gallatin County and is the county seat for the County. The
City of Bozeman continues to be the fastest growing community in Montana and is home to
Montana State University. Between 2000 and 2013, the city’s population increased from 27,590
to 39,860 persons, an increase of 12,270 persons or 44.5 percent. In 2013 the Bozeman
Yellowstone International Airport became Montana’s busiest airport with 812,093 passengers
flying into and out of the facility.
Bozeman is renowned for its natural beauty, world class fishing, skiing, abundant recreational
opportunities, and a gateway to Yellowstone National Park. Bozeman is the regional commercial
center for much of south central Montana with regional shopping mall, numerous national
retailers, and a vibrant main street. Bozeman Deaconess Hospital, Montana State University,
along with city, county and federal governmental agencies are the major employers. The state’s
unadjusted unemployment rate is approximately 4.2 percent while Gallatin County is
approximately 3.7 percent.
The City of Bozeman, Montana (the City) is located in Gallatin County and is known as the
“Treasure State” because of its rich mineral reserves. The mountains of Montana have yielded
fortunes in gold and silver since the first substantial deposits were discovered in the mid 1800's.
Another nickname for Montana is "Big Sky Country," made popular by a Montana State Highway
Department promotion in the 1960's (originating from a book by Alfred Bertram Guthrie Jr. titled
Big Sky). Currently, it is estimated that there are 38,695 residents of the City of Bozeman with the
City growing by approximately two percent between 2011 and 2012.
The City is governed by a City Commission/City Manager form of government. The City
Commission is made up of four members plus a mayor that serves as the head of the City
Commission. The City Commission appoints a City Manager to oversee the City’s eight
departments.
The city is growing. Many of the applications for development require design review per the City’s
Unified Development Code. The City of Bozeman Community Development 2014 Annual Report
can be read here.
Additional information regarding the City of Bozeman may be obtained at:
http://www.bozeman.net
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FY 2015 – FY 2016
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B. Project Overview
The City of Bozeman seeks a professional consulting firm (“Consultant”) to complete architectural
design review consistent with the requirements of the Unified Development Code.
The purpose of this project is to meet the Unified Development Code requirement to perform
administrative design review and/or preparation of staff reports for application for review by the
Design Review Board, Community Development Director and the City Commission.
SCHEDULE
Event Date/Time
Publication Dates of RFQ Sunday, August 30 & September 6, 2015
Last Day for Questions/Clarifications Tuesday, September 8th, 2015
Deadline for Receipt of Proposals Monday, September 14th, 2015
Evaluation of Qualifications Mon. – Fri. September 21st – 25th, 2015
Finalist interviews Mon. – Fri., Sept. 28th – Oct. 2nd, 2015
Negotiation of Scope and Fee Thursday, October 8th, 2015
COMPLETION: Services will be provided for a one year period, starting with the execution
of a Professional Services Agreement, which with written approval may be extended for
an additional year.
CONTACTS
Any administrative questions regarding bidding procedures should be directed to:
Stacy Ulmen, City Clerk (406) 582-2321; agenda@bozeman.net
Questions relating to scope of services and project management may be directed to:
Brian Krueger, Development Review Manager (406) 582-2260; bkrueger@bozeman.net
LAST DAY FOR QUESTIONS
The last day to submit questions to the Department of Community Development is Thursday,
September 8th, 2015 @ 5 pm. This will allow sufficient time for any addenda to be issued by the
City to all bidders. All questions must be submitted in writing via email to the Department of
Community Development at bkrueger@bozeman.net All RFQ questions and related answers will be
posted to the City’s website for review by potential consultants interested in the project.
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FY 2015 – FY 2016
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AWARD OF CONTRACT
The City reserves the right to reject any and all proposals, to contract work with whomever and in
whatever manner the City decides, to abandon the work entirely and to waive any informality or
non substantive irregularity as the interest of the City may require and to be the sole judge of
selection process. The City also reserves the right to negotiate separately in any manner to serve
the best interest of the City. The City retains the right at its sole discretion to select a successful
vendor.
SELECTION PROCESS AND RANKING CRITERIA
A review committee will evaluate all responses to the RFQ that meet the submittal requirements
and deadline. Submittals that do not meet the requirement or deadline will not be considered.
The review committee will rank the proposals and arrange interviews with the finalist prior to
selection.
SELECTION CRITERIA
Proposals will be evaluated based on the following criteria:
• Thoroughness and understanding of the tasks to be completed
• Background and experience in providing design review service or
analysis
• Firm’s expertise and overall experience of personnel assigned to the work
• Time required to accomplish the requested services
• Responsiveness to requirements of the project
• Public sector experience in municipal setting conducting similar tasks for design
review
• Knowledge of principals of historic preservation
• Knowledge of principals of place making, urban design and neighborhood context
• Experience working with Design Guidelines
DISCRETION AND LIABILITY WAIVER
The City reserves the right to exercise discretion and apply its judgment with respect to all
proposals submitted.
The City reserves the right to reject all proposals, either in part or in its entirety, or to requests
and obtain, from one or more of the consulting firms submitting proposals, supplementary
information as may be necessary for City staff to analyze the proposals.
The City may elect to award a contract in multiple phases, as is deemed to be in the City’s best
interest. Should the City award projects in phases, the City reserves the right to award the
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phases to the same firm.
The consultant, by submitting a response to this RFQ, waives all right to protest or seek any legal
remedies whatsoever regarding any aspect of this RFQ. Although, it is the City’s intent to choose
only a small number of most qualified consulting teams to interview with the City, the City
reserves the right to choose any number of qualified finalists.
This RFQ does not commit the City to award a contract, to defray any costs incurred in the
preparation of a proposal pursuant to this RFQ or to procure or contract for work.
All proposals submitted in response to this RFQ become the property of the City and public
records and, as such, may be subject to public review.
The City reserves the right to cancel, in part or in its entirety, this RFQ including, but not limited
to: selection procedures, submittal date, and submittal requirements. If the City cancels or
revises the RFQ, all interested firms will be notified using email.
MANDATORY CONTENT AND SEQUENCE OF SUBMITTAL
I. Submission Requirements and Instructions
All requirements in this section are mandatory. The City reserves the right to waive
any non-material variation.
a) Proposers may submit response via email ONLY to this address:
agenda@bozeman.net
OR
Submit one (1) original proposal package AND four (4) complete copies for each
statement of qualifications, under sealed envelope, by mail or hand-delivery to the
address shown on the front. Each submission must be marked on the outside with
the Company’s name and the name of the project. Postmarks are NOT acceptable.
Any documents or submittals received after the schedule closing time for receipt of
submittals will be returned unopened.
b) Statements of qualifications and required attachments shall be submitted as
specified and must be signed by officials authorized to submitter to the
provisions.
II. Submittal Outline and Content
Assemble and submit each submittal in the order below and address the required
content/questions. The order in which items are presented is important, as
evaluators will follow this order:
a) Table of Contents
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b) Cover Sheet. This sheet will serve as the cover of your proposal.
c) One-Page Project Summary. Begin with a brief summary of the proposal. This
summary should concisely describe the service to be provided, design review
philosophy, and synoposis of philosophy for providing effective design review.
d) Company Description/Capability (not to exceed 3 pages)
• Brief history of the company that includes the date of establishment and examples
of relevant prior work consistent with the RFQ and current customers of similar
attributes to the City of Bozeman.
• Describe your experience and capacity to manage projects of the size and scope
proposed.
• Describe firm ability to respond to timely review of proposed projects.
e) Informational content
• A list of project team and their professional profile/credentials/experience.
• Specific assignment of project team
f) References (minimum 3) specifically in local/municipal/county/state agencies
a) Name of agency
b) Contact name to include: title, phone number and email
c) Population of jurisdiction
d) Number of employees
e) Services start and completion date
f) Brief summary of project/services provided
g) Cost • Provided in a separate sealed envelope. Present a specific hourly rate for services
and a “not to exceed” fixed fee per design review application, including
associated fees (i.e. printing costs, attendance at meetings, travel). • Estimates of cost will not be used for selection and will not be seen by the selection
committee.
h) Outline of Services (refer to Scope of Services)
The City reserves the right to require the submittal of additional information that
supplements or explains proposal materials.
PROJECT OBJECTIVES
Architectural design review services will meet the requirements as specified in the Unified
Development Code. Reports shall be consistent with the format provided by the City of
Bozeman.
• Sec. 38.33.010. - Purpose of DRC, DRB, ADR, WRB, and BOA.
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A.
Purpose. The development review committee (DRC), design review board (DRB), administrative design
review staff (ADR) and wetlands review board (WRB) have been established to coordinate, expedite and
ensure fair and equitable implementation of this chapter. The objective, to be implemented through their
procedures and deliberations, shall be to encourage development quality that will enhance both the
natural and built environments, with consideration to present and future property values, and to carry out
the purposes of this chapter. All bodies authorized or referenced under this article may call upon any city
staff or other persons with technical expertise, and may testify before any board, commission or other body
upon the subjects for which they have responsibility.
1. DRC. The DRC is established to evaluate all proposals subject to the provisions of this chapter. The DRC is
the body charged with reviewing items relating to public health and safety. The DRC shall act as an advisory
body to the review authority established by 38.34.010 for site plans, conditional use permits, planned unit
developments, divisions of land, zone map amendments, annexations and other actions as requested by
review authority.
2. DRB. The DRB has the duties and responsibilities established by 2.05.3000.
3. ADR. The ADR staff is established as the review body for aesthetic considerations of smaller and less
complex proposals which are less likely to produce significant community impact and to provide
recommendations regarding such proposals to the review authority established by 38.34.010, subject to
the provisions of this chapter.
a. The ADR staff shall act as an advisory body to the review authority regarding reuse/further development
permits within overlay districts; and
b. The ADR staff shall act as an advisory body to the review authority regarding all sketch plans and site
plans not meeting one or more of the thresholds 38.19.040.B, for conditional use permits for accessory
dwelling units, conditional use permits where no additional building area will be created, and non PUD
divisions of land;
c. The ADR may develop, and after adoption by the city commission, apply specific guidelines related to
such concerns as architectural appearance, landscape design and signage for the construction and/or
alteration of structures, sites or areas; and
d. The ADR may review applicable development proposal applications for zoning amendments, or
applications for moving, demolition or any other kind of permit that may affect properties located within
entryway corridors.
Staff participation and support
Deliverables must comply with the Americans with Disabilities Act. To comply with the ADA,
documents posted online, including, but not limited to, Adobe PDF files, Microsoft Word
documents, Microsoft PowerPoint presentations, and online flipbooks, must be screen-reader
friendly. Accessible documents are often part of web-based information or used for support
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documents. Therefore, under Section 508 standards and WCAG accessibility guidelines, it is
critical to ensure all support documents made available to end users can be accessed by people
with disabilities. Therefore, any digital material created for the City of Bozeman and its websites
will maintain the requirements outline in WCAG 2.0 AA Convention guidelines, Section 508
"Electronic & Accessibility Standards" of the U.S. Rehabilitation Act, the Usability.gov accessibility
Guidelines, and ADA Title II State & Local Government nondiscrimination requirements.
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*THIS DOCUMENT MUST BE COMPLETED, EXECUTED AND SUBMITTED WITH THE
PROPOSAL FORM*
THE REPRESENTATIVES MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY
NO PROPOSAL IS VALID UNLESS SUBMITTED ON THIS FORM AND SIGNED BY
AUTHORIZED AGENT FOR YOUR COMPANY.
SUBMITTED BY:
COMPANY NAME:
ADDRESS:
CITY: STATE: ZIP:
TELEPHONE:
EMAIL:
SIGNATURE:
(Authorized Agent)
NAME:
(Please Print)
TITLE:
DATE:
NOTE: If proposer is a corporation, the legal name of the corporation shall be set forth above,
together with the signature of authorized officers or agents; if bidder is a partnership, the true name of
the firm shall be set forth above, together with the signature of the partnership; and if bidder is an
individual, his signature shall be placed above.
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 2015, by and
between the CITY OF BOZEMAN, MONTANA, a self governing municipal corporation organized
and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street,
Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter
referred to as “City,” and, ____________, _______________, hereinafter referred to as
“Contractor.”
In consideration of the mutual covenants and agreements herein contained, the receipt
and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to enter this Agreement with Contractor to perform for City
services described in the Scope of Services attached hereto as Attachment “A” and by this
reference made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the date of its execution
[and will terminate on the _____ day of ______________, 201__.
3. Scope of Work: Contractor will perform the work and provide the services in
accordance with the requirements of the Scope of Services. For conflicts between this Agreement
and the Scope of Services, unless specifically provided otherwise, the Agreement governs.
4. Payment: City agrees to pay Contractor the amount specified in a Scope of
Services. Any alteration or deviation from the described services that involves additional costs
above the Agreement amount will be performed by Contractor after written request by the City,
and will become an additional charge over and above the amount listed in the Scope of Services.
The City must agree in writing upon any additional charges.
5. Contractor’s Representations: To induce City to enter into this Agreement,
Contractor makes the following representations:
a. Contractor has familiarized itself with the nature and extent of this Agreement, the
Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules,
and regulations that in any manner may affect cost, progress or performance of the Scope of
Services.
b. Contractor represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform said services in a
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professional, competent and timely manner and with diligence and skill; that it has the power to
enter into and perform this Agreement and grant the rights granted in it; and that its performance
of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of
copyright, trademark, privacy, publicity, libel, slander or any other rights of any nature
whatsoever, or violate any federal, state and municipal laws. The City will not determine or
exercise control as to general procedures or formats necessary to have these services meet this
warranty.
6. Independent Contractor Status/Labor Relations: The parties agree that Contractor
is an independent contractor for purposes of this Agreement and is not to be considered an
employee of the City for any purpose. Contractor is not subject to the terms and provisions of the
City’s personnel policies handbook and may not be considered a City employee for workers’
compensation or any other purpose. Contractor is not authorized to represent the City or
otherwise bind the City in any dealings between Contractor and any third parties.
Contractor shall comply with the applicable requirements of the Workers’ Compensation
Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71,
MCA. Contractor shall maintain workers’ compensation coverage for all members and employees
of Contractor’s business, except for those members who are exempted by law.
Contractor shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors.
Contractor shall indemnify, defend, and hold the City harmless from any and all claims,
demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in
connection with any labor problems or disputes or any delays or stoppages of work associated
with such problems or disputes.
Contractor shall post a legible statement of all wages and fringe benefits to be paid to the
Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be
paid weekly). Such posting shall be made in a prominent and accessible location at the
Contractor’s normal place of business and shall be made no later than the first day of services
provided under this Agreement. Such posting shall be removed only upon expiration or
termination of this Agreement.
7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify,
and hold harmless the City, its agents, representatives, employees, and officers (collectively
referred to for purposes of this Section as the City) from and against any and all claims, demands,
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actions, fees and costs (including attorney’s fees and the costs and fees of an expert witness and
consultants), losses, expenses, liabilities (including liability where activity is inherently or
intrinsically dangerous) or damages of whatever kind or nature connected therewith and without
limit and without regard to the cause or causes thereof or the negligence of any party or parties
that may be asserted against, recovered from or suffered by the City occasioned by, growing or
arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional
misconduct of the Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the
Contractor’s agents; or (iii) the negligent, reckless, or intentional misconduct of any other third
party.
For the professional services rendered, to the fullest extent permitted by law, Contractor
agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses,
and expenses, including reasonable defense attorney fees, to the extent caused by the negligence
or willful misconduct of the Contractor or Contractor’s agents or employees.
Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this
Section must not be construed to negate, abridge, or reduce any common-law or statutory rights
of the indemnities’ which would otherwise exist as to such indemnities’.
Contractor’s indemnity under this Section shall be without regard to and without any right
to contribution from any insurance maintained by City.
Should any indemnity described herein be required to bring an action against the
Contractor to assert its right to defense or indemnification under this Agreement or under the
Contractor’s applicable insurance policies required below the indemnity shall be entitled to
recover reasonable costs and attorney fees incurred in asserting its right to indemnification or
defense but only if a court of competent jurisdiction determines the Contractor was obligated to
defend the claim(s) or was obligated to indemnify the indemnity for a claim(s) or any portion(s)
thereof.
In the event of an action filed against City resulting from the City’s performance under this
Agreement, the City may elect to represent itself and incur all costs and expenses of suit.
Contractor also waives any and all claims and recourse against the City or its officers,
agents or employees, including the right of contribution for loss or damage to person or property
arising from, growing out of, or in any way connected with or incident to the performance of this
Agreement except “responsibility for his own fraud, for willful injury to the person or property of
another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA.
These obligations shall survive termination of this Agreement and the services performed
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hereunder.
In addition to and independent from the above, Contractor shall at Contractor’s expense
secure insurance coverage through an insurance company or companies duly licensed and
authorized to conduct insurance business in Montana which insures the liabilities and obligations
specifically assumed by the Contractor in this Section. The insurance coverage shall not contain
any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section.
The insurance shall cover and apply to all claims, demands, suits, damages, losses, and
expenses that may be asserted or claimed against, recovered from, or suffered by the City without
limit and without regard to the cause therefore and which is acceptable to the City and Contractor
shall furnish to the City an accompanying certificate of insurance and accompanying endorsements
in amounts not less than as follows:
• Workers’ Compensation – statutory;
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual
aggregate; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers,
agents, and employees, shall be endorsed as an additional or named insured on a primary non-
contributory basis on both the Commercial General and Automobile Liability policies. The
insurance and required endorsements must be in a form suitable to City and shall include no less
than a sixty (60) day notice of cancellation or non-renewal. The City must approve all insurance
coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City
within two (2) business days of Contractor’s receipt of notice that any required insurance coverage
will be terminated or Contractor’s decision to terminate any required insurance coverage for any
reason.
The City must approve all insurance coverage and endorsements prior to the Contractor
commencing work.
8. Termination for Contractor’s Fault:
a. If Contractor refuses or fails to timely do the work, or any part thereof, or
fails to perform any of its obligations under this Agreement, or otherwise breaches any
terms or conditions of this Agreement, the City may, by written notice, terminate this
Agreement and the Contractor’s right to proceed with all or any part of the work
(“Termination Notice Due to Contractor’s Fault”). The City may then take over the work
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and complete it, either with its own resources or by re-letting the contract to any other
third party.
b. In the event of a termination pursuant to this Section 8, Contractor shall be
entitled to payment only for those services Contractor actually rendered.
c. Any termination provided for by this Section 8 shall be in addition to any
other remedies to which the City may be entitled under the law or at equity.
d. In the event of termination under this Section 8, Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost
business opportunity, lost productivity, field office overhead, general conditions costs, or
lost profits damages of any nature arising, or claimed to have arisen, as a result of the
termination.
9. Termination for City’s Convenience:
a. Should conditions arise which, in the sole opinion and discretion of the City,
make it advisable to the City to cease performance under this Agreement City may
terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s
Convenience”). The termination shall be effective in the manner specified in the Notice of
Termination for City’s Convenience and shall be without prejudice to any claims that the
City may otherwise have against Contractor.
b. Upon receipt of the Notice of Termination for City’s Convenience, unless
otherwise directed in the Notice, the Contractor shall immediately cease performance
under this Agreement and make every reasonable effort to refrain from continuing work,
incurring additional expenses or costs under this Agreement and shall immediately cancel
all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only
such work as may be necessary to preserve, protect, and maintain work already completed
or immediately in progress.
c. In the event of a termination pursuant to this Section 13, Contractor is
entitled to payment only for those services Contractor actually rendered on or before the
receipt of the Notice of Termination for City’s Convenience.
d. The compensation described in Section 13(c) is the sole compensation due
to Contractor for its performance of this Agreement. Contractor shall, under no
circumstances, be entitled to claim or recover consequential, special, punitive, lost
business opportunity, lost productivity, field office overhead, general conditions costs, or
lost profits damages of any nature arising, or claimed to have arisen, as a result of the
termination.
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10. Limitation on Contractor’s Damages; Time for Asserting Claim:
a. In the event of a claim for damages by Contractor under this Agreement,
Contractor’s damages shall be limited to contract damages and Contractor hereby
expressly waives any right to claim or recover consequential, special, punitive, lost business
opportunity, lost productivity, field office overhead, general conditions costs, or lost profits
damages of any nature or kind.
b. In the event Contractor wants to assert a claim for damages of any kind or
nature, Contractor shall provide City with written notice of its claim, the facts and
circumstances surrounding and giving rise to the claim, and the total amount of damages
sought by the claim, within ten (10) days of the facts and circumstances giving rise to the
claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights
to assert such claim.
11. Representatives:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _________________ (insert job title) or such other individual as City
shall designate in writing. Whenever approval or authorization from or communication or
submission to City is required by this Agreement, such communication or submission shall
be directed to James Goehrung as the City’s Representative and approvals or
authorizations shall be issued only by such Representative; provided, however, that in
exigent circumstances when City’s Representative is not available, Contractor may direct its
communication or submission to other designated City personnel or agents as listed above
and may receive approvals or authorization from such persons.
b. Contractor’s Representative: The Contractor’s Representative for the
purpose of this Agreement shall be _____________________ or such other individual as
Contractor shall designate in writing. Whenever direction to or communication with
Contractor is required by this Agreement, such direction or communication shall be
directed to Contractor’s Representative; provided, however, that in exigent circumstances
when Contractor’s Representative is not available, City may direct its direction or
communication to other designated Contractor personnel or agents.
12. Permits: Contractor shall provide all notices, comply with all applicable laws,
ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of
Bozeman business license, and inspections from applicable governmental authorities, and pay all
fees and charges in connection therewith.
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13 Laws and Regulations: Contractor shall comply fully with all applicable state and
federal laws, regulations, and municipal ordinances including, but not limited to, all workers’
compensation laws, all environmental laws including, but not limited to, the generation and
disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules,
codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City,
County, and State building and electrical codes, the Americans with Disabilities Act, and all non-
discrimination, affirmative action, and utilization of minority and small business statutes and
regulations.
14. Nondiscrimination: The Contractor will have a policy to provide equal employment
opportunity in accordance with all applicable state and federal anti-discrimination laws,
regulations, and contracts. The Contractor will not refuse employment to a person, bar a person
from employment, or discriminate against a person in compensation or in a term, condition, or
privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital
status, national origin, actual or perceived sexual orientation, gender identity, physical or mental
disability, except when the reasonable demands of the position require an age, physical or mental
disability, marital status or sex distinction. The Contractor shall be subject to and comply with
Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations
promulgated thereunder. The Contractor shall require these nondiscrimination terms of its sub-
Contractors providing services under this agreement.
15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor
shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal
drugs, by any employee or agent engaged in services to the City under this Agreement while on
City property or in the performance of any activities under this Agreement. Contractor
acknowledges it is aware of and shall comply with its responsibilities and obligations under the
U.S. Department of Transportation (DOT) regulations governing anti-drug and alcohol misuse
prevention plans and related testing. City shall have the right to request proof of such compliance
and Contractor shall be obligated to furnish such proof.
The Contractor shall be responsible for instructing and training the Contractor's employees
and agents in proper and specified work methods and procedures. The Contractor shall provide
continuous inspection and supervision of the work performed. The Contractor is responsible for
instructing his employees and agents in safe work practices.
16. Modification and Assignability: This Agreement may not be enlarged, modified or
altered except by written agreement signed by both parties hereto. The Contractor may not
subcontract or assign Contractor’s rights, including the right to compensation or duties arising
hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound
by all of the terms and conditions of this Agreement.
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17. Reports/Accountability/Public Information: Contractor agrees to develop and/or
provide documentation as requested by the City demonstrating Contractor’s compliance with the
requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that
the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The
Contractor shall not issue any statements, releases or information for public dissemination
without prior approval of the City.
18. Non-Waiver: A waiver by either party any default or breach by the other party of
any terms or conditions of this Agreement does not limit the other party’s right to enforce such
term or conditions or to pursue any available legal or equitable rights in the event of any
subsequent default or breach.
19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party
of this Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing Party or the Party giving
notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of
in-house counsel to include City Attorney.
20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all
appropriate employee withholdings.
21. Dispute Resolution:
a. Any claim, controversy, or dispute between the parties, their agents,
employees, or representatives shall be resolved first by negotiation between senior-level
personnel from each party duly authorized to execute settlement agreements. Upon
mutual agreement of the parties, the parties may invite an independent, disinterested
mediator to assist in the negotiated settlement discussions.
b. If the parties are unable to resolve the dispute within thirty (30) days from
the date the dispute was first raised, then such dispute may only be resolved in a court of
competent jurisdiction in compliance with the Applicable Law provisions of this Agreement.
22. Survival: Contractor’s indemnification shall survive the termination or expiration of
this Agreement for the maximum period allowed under applicable law.
23. Headings: The headings used in this Agreement are for convenience only and are
not be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
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24. Severability: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
25. Applicable Law: The parties agree that this Agreement is governed in all respects
by the laws of the State of Montana.
26. Binding Effect: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the
parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or
enforced by a third party.
28. Counterparts: This Agreement may be executed in counterparts, which together
constitute one instrument.
29. Integration: This Agreement and all Exhibits attached hereto constitute the entire
agreement of the parties. Covenants or representations not contained therein or made a part
thereof by reference, are not binding upon the parties. There are no understandings between the
parties other than as set forth in this Agreement. All communications, either verbal or written,
made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically
made a part of this Agreement by reference.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
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IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year
first above written.
CITY OF BOZEMAN, MONTANA ____________________________________
CONTRACTOR (Type Name Above)
By________________________________ By__________________________________
Chris Kukulski, City Manager
Print Name:
Print Title: ____________________________
APPROVED AS TO FORM:
By_______________________________
Greg Sullivan, Bozeman City Attorney
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Statement of Non-discrimination – Attachment A
Each entity shall include a provision requiring submitting entity to affirm in writing it will not
discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or
because of actual or perceived sexual orientation, gender identity or disability and recognizing the
eventual contract will contain a provision prohibiting discrimination as described above and this
prohibition on discrimination shall apply to the hiring and treatment or proposer’s employees and
to all subcontracts.
(name of entity submitting) hereby affirms it
will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national
origin, or because of actual or perceived sexual orientation, gender identity or disability and
recognizing the eventual contract will contain a provision prohibiting discrimination as described
above and this prohibition on discrimination shall apply to the hiring and treatment or bidder’s
employees and to all subcontracts.
Name and title of person authorized to sign on behalf of submitter
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TABLE OF CONTENTS
I. Project Summary
II. Company Description/Capability
a. History
b. Experience
c. Capacity
III. Informational Content
a. Project Team/ Team Assignments
b. Resumes
IV. References
V. Cost Under separate PDF
VI. Outline of Services
VII. Attachments
a. Statement of Non-discrimination
b. Proposal Statement
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REQUEST FOR QUALIFICATIONS
Professional Services to Complete
ARCHITECTURAL DESIGN REVIEW
for the CITY OF BOZEMAN
SEPTEMBER 14, 2015
ARCHitecture TRIO
PO Box 4836Bozeman, Montana 59718p : 317. 917. 9042 c : 317. 418. 6933
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PROJECT SUMMARY
1
ARCHitecture trio, Inc. is pleased to present our qualifications for your consideration to provide professional
services to Complete Architectural Design Review for the City of Bozeman. We offer the following highlights
of our proposal:
Team – As a small architectural firm, the quality of our work and our credibility are values we stand behind for
our clients, and are willing to dedicate the necessary time and energy to achieve a superior product for the City
of Bozeman. We have a better ability to control the number of projects we seek and /or accept based on our
work load, schedules, professional skills and interests. Further, as a local firm with our primary office located in
Bozeman, we believe it is important to contribute our talents to the betterment of our community.
Experience – the firm has had over 14 years providing architectural design and planning services to individuals,
developers, municipalities and not-for-profits. We are familiar and experienced with Bozeman’s Unified
Development Code, the Neighborhood Conservation Overlay District (NCOD) Guidelines, the Design
Objectives Plan for Entryway Corridors, the Bozeman Community Plan and others Prior to the firm’s
formation, Patricia’s primary responsibilities as staff to the Indianapolis Historic Preservation Commission were
to conduct design review and prepare staff recommendations for the Commission’s Certificate of
Appropriateness process. Jordan has a multi-faceted education and work background in architecture, design,
and English.
Scope of Services – We have thoroughly reviewed the Request for Qualifications and believe we comprehend
the magnitude of the Scope of Services. Our understanding is that various site plan and other planning
applications require design review by various bodies including the Design Review Board, Community
Development Director and the City Commission, generally as a result of an overlay district such as the
Entryway Corridors, Neighborhood Conservation Overlay District, historic districts, etc. Adhering to the
requirements outlined in the Unified Development Code (UDC), we believe the review process would consist
of: a comprehensive review of all application materials; consultation with assigned staff regarding any potential
questions and a determination of review schedule; a thorough review of applicable UDC code sections, Land
Use Regulations and other planning documents and analysis of the design review criteria; preparation of the
written design review and staff report in accordance with Community Development standards and formatting.
We understand that design review can be considered very subjective. It would be our intent to be methodical,
thorough, and objective in our analysis. Philosophically we believe our charge would be to review and provide
direction and comment to achieve the highest level of design and development within the requirements of the
UDC and other planning documents, upholding the objectives of the community and leadership, but also
identifying with and objectively looking at the ramifications of development costs, timing and other
constraints.
Our approach to the design review would be to utilize our education in architectural design and our varied
work experiences including: preparing design documents for projects and developments within an established
context; our involvement with design review for various cities; the creation and application of design
guidelines; knowledge of historic preservation; and our understanding of urban design and neighborhoods. Our
review would also include identifying similar approved applications (both exemplary and merely acceptable) to
examine established precedent, and identify best practices locally and in other communities.
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COMPANY DESCRIPTION
/ CAPABILITY
HISTORY ARCHitecture trio, Inc. (ARCHtrio) is an architectural design firm formed in 2001 in Indianapolis, Indiana.
In 2013, the founding principal, Patricia Jacobs, relocated to Bozeman, Montana and reestablished the firm’s
home base there. Since the company’s beginning, the primary interest of the firm has been design and
planning within an established context. This philosophical direction carried the firm from the renovation of
multi-family apartments and other historic building types within an urban context or an established historic
district, to the development of affordable housing and special needs housing generally within an urban
setting, preparation of building feasibility studies and building assessments, and the development of
numerous downtown plans, neighborhood plans and design guidelines for municipalities of various sizes.
A core value of the firm has always been its commitment to the success and mission of its clients. ARCHtrio’s
involvement includes their support of state and local preservation organizations, volunteer efforts for local
design charettes, and participation in fundraising activities for women’s shelters, supportive housing not-for-
profit agencies and Main Street programs. We are dedicated to our work and the potential betterment of the
communities in which we work and the people we serve.
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EXPERIENCE
Our work experience as it is relevant to the RFQ is quite broad, but also quite specifically related. Over the
course of eight years working for the City of Indianapolis, Patricia’s primary responsibility was the
administration of the Certificate of Appropriate process for the Department of Metropolitan Development,
Division of Historic Preservation. This position required review of applications for their appropriateness
utilizing the guidelines and recommendations of the various historic district preservation plans; preparing
written staff reports to the Historic Preservation Commission; conducting public Administrative Hearings;
and providing technical assistance to potential applicants including developers, architects, business owners
and residents of districts in understanding the review and application processes, interpretation of the design
guidelines and requirements, design guidance and enforcement. As staff to the Department, there was much
interface with zoning, land use planning, and permitting. This work was generally performed under strict
time constraints of the public process, and hearing and review schedules.
Our work has also included the preparation of numerous Downtown Revitalization Plans, design guidelines
and even participation in parks planning for municipalities ranging in populations from under 5,000 to 30,000
and above. This work required an understanding of the public process, the goals and objectives of a
community, and their desire for growth and a pleasing place to live and work, often with the charge of
maintaining their community’s identity.
Our design experience offers another dimension to support the scope of services required as part of the design
review process. Our work generally requires a collaborative client/architect relationship. This means a solid
understanding of the client’s needs, their budget and the opportunities and constraints of the project. As
architect, it is our job to coordinate these elements into a final product that will serve for generations
hopefully as a positive mark on our built landscape. This requires solid grounding in building design,
relationships, trust, accountability, time management, and creativity. It also requires being humble –
listening to others, collaboration, opening our eyes to options, and recognizing the contributions of others.
We believe we can offer the City of Bozeman these qualities through our team.
Similar Projects
Staff to Indianapolis Historic Preservation Commission
Design Guidelines – City of Indianapolis, Monument Circle District
Design Guidelines – City of Martinsville, Indiana – Downtown District
Downtown Revitalization Plan – City of Greenfield, Indiana
Downtown Revitalization Plan – Town of Converse, Indiana
Harding Street Lofts – Indianapolis, Indiana – Adaptive Reuse to Apartments
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CAPACITY
We have managed projects ranging from small residential remodels and additions of just a few thousand
dollars to large, multi-million dollar construction projects. Each project requires its own level of discipline
and coordination.
Based on our previous experience with similar projects, we anticipate each review will require a time
commitment ranging from twelve to twenty-five hours based on the complexity of the project. As a small
firm, we feel confident we are able to adjust staffing and schedules to meet your assigned deadlines.
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INFORMATIONAL CONTENT
Patricia Jacobs will serve as project leader and reviewer. Pat is NCARB certified and is a registered architect
in the States of Montana, Indiana and Ohio. She has been practicing architecture as a licensed professional
since 1990. Her passion in the field of architecture has always been in historic preservation. This passion
has grown to include urban planning and working with municipalities and not for profit organizations
generally on projects with some form of Federal, State or local funding. These projects are of greatest
interest to Pat not only for the design challenges, but also for the complex inter-relationships of client vs.
regulations vs. funding vs. end-user.
Specific projects tasks: Pat will serves as project leader with responsibilities to include initial project review,
code analysis, analysis of design review guidelines, and preparation of written report.
Jordan Zignego will serve also as project reviewer. Jordan is a graduate architect, holding a Masters in
Architecture from Montana State University. His education in Architecture, History and English Literature
creates a unique skillset highlighted by creativity, organization, and collaboration. His experience includes
work all around the country and internationally in the Czech Republic and South Korea. Jordan has earned
four degrees: three undergraduate degrees from Montana State University in American Studies,
Environmental Design, English Literature and a Masters in Architecture. Jordan has studied at Montana
State University, North Carolina State University, the Prague Institute, and Kingston University, London.
Specific project tasks: Jordan will perform initial project review; provide support in the review of UDC and
analysis of design review guidelines; best practice identification and research; staff report content and quality
review; staff report formatting; and City staff coordination.
See included resumes following this page
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PATRICIA L. JACOBS
PRINCIPAL REGISTERED ARCHITECT HISTORIC PRESERVATION SPECIALIST
PO Box 4836
Bozeman, MT 59772
www.ARCHtrio.com
317 - 917 – 9042
A Women Owned Business
REGISTRATION │
Registered Architect
• State of Indiana – AR00900030 1990
• State of Montana – ARC-ARC-LIC-9094 2015
• State of Ohio – Certificate of Qualification No. 1516292 2015
• NCARB Certified #79,156 2014
Indiana Department of Natural Resources Division of Historic Preservation & Archaeology
• Qualified Preservation Professional - Architecture
EDUCATION │
Ball State University - Muncie, Indiana
• Bachelor of Architecture 1984
• Bachelor of Science 1984
AFFILIATIONS │
Member, Bozeman Historic Preservation Advisory Board
Member, Montana Preservation Alliance
Member, Montana Historical Society
Member, Indiana Landmarks
Member, National Trust for Historic Preservation
EXPERIENCE │
Principal, Owner & Architect – ARCHitecture trio 2001 – present
Principal, Owner & Architect – White River Designs, Inc. 1995 - 2001
Preservation Architect & Assistant Administrator –
City of Indianapolis, Historic Preservation Commission 1987 - 1995
SIGNIFICANT PROJECTS │
City of Martinsville – Historic Downtown Design Guidelines – Martinsville, IN
City of Indianapolis – Monument Circle Historic District Preservation Plan – Indianapolis, IN
City of Greenfield – Downtown Revitalization Plan
Redwood Terrace Supportive Housing Community – New Construction – Richmond, IN
City of Princeton – Downtown Revitalization Plan – Princeton, IN
City of Winchester – Façade Study & Construction Documents – Winchester, IN
City of Princeton – Stellar Community Courthouse Square Façade Improvements – Princeton, IN
Fountain Block – Capital Needs Assessment and Building Renovation– Indianapolis, IN
Coburn Place Safe Haven – Building Renovation – Indianapolis, IN
Batesville Apartments – New Construction – Batesville, IN
Town of Farmland– Façade Study & Renovation – Farmland, IN
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JORDAN R. ZIGNEGO
GRADUATE ARCHITECT
CO-LEAD DESIGN
PLANNING
P.O. Box 4836 Bozeman, MT 59772
p: 317 917 9042
ARCHtrio
A Women Business Enterprise
REGISTRATION
! AIA – Associate Member
! NCARB (560633) – Certified
EDUCATION
! Montana State University – Bozeman, Montana
¥ Bachelor of Arts in American Studies/Film Focus
! Montana State University – Bozeman, Montana
¥ Bachelor of Arts in Environmental Studies
! Montana State University – Bozeman, Montana
¥ Bachelor of Arts in English Literature
! Montana State University – Bozeman, Montana
¥ Masters of Arts in Architecture
! Kingston University London – London, England
¥ Film/Cinema Studies
! Prague Institute – Prague, Czech Republic
¥ Architecture/Sustainability
! North Carolina State – Raleigh, North Carolina
¥ Architecture
AFFILIATIONS
! Member, City Planning Board – Bozeman, MT
EXPERIENCE
! ARCHitecture trio 2015 – present
! Architectural Consultant – BCHO Architects – Seoul, South Korea 2014 – 2015
! Design Manger – Studio AV 2012 – 2014
! Architect in Training/Marketing Director – Bitnar Architects 2010 – 2013
! Assistant to AIA President-Europe & Architecture Teaching Assistant 2011 – 2012
! Research & Writing – Creative Arts Lab 2010 – 2011
SIGNIFICANT PROJECTS
! EcoHouse – Energy design and research for first smart home in the state – Bozeman, MT
! Modular Building System Development – (research for Jack Smith, architect) – Bozeman, MT
! Harris House – New Construction, 8,000 sf – (under Jack Smith, architect) – Ketchum, ID
! L-9 Complex – New Construction – Bozeman, MT
! Bozarth Residence – Remodel – Bozeman, MT
! Mosby House – Richard Neutra remodel – (with BCHO Architects) – Missoula, MT
! Platinum Ridge Apartments – (with Bitnar Architects – Bozeman, MT
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REFERENCES
PO Box 4836
Bozeman, MT 59772
p : 317 - 917 - 9042
w w w . A R C H t r i o . c o m
GREENFIELD DOWNTOWN REVITALIZATION PLAN
CITY OF GREENFIELD, INDIANA │
Department of Planning and Building
Joanie Fitzwater, Planning Director
P: 317-325-1329
jfitzwater@greenfieldin.org
Population: 21,249
Department Employees: 4
Dates of Service: 12/2012 to 10/3013
Summary:
The intent of the Greenfield Downtown
Revitalization Plan was to provide a springboard
for development initiatives, physical
improvements, and market directions for the
Downtown Business District. The Plan was
developed to also provide a building inventory
with recommendations for the restoration of
deteriorating historic buildings; a market analysis
and strategy to achieve economic goals; and a
downtown urban design plan that would focus on
improving sidewalk accessibility, pedestrian
connectivity, and linking community features.
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WHOLESALE DISTRICT PRESERVATION PLAN
MARTINSVILLE DOWNTOWN DESIGN GUIDELINES
CITY OF INDIANAPOLIS, INDIANA │
Division of Historic Preservation
David L. Baker, Administrator
P: 317-327-4406
David.baker@indy.gov
Population: 838,000
Division Employees: 4
Dates of Service: 10/1987-10/1995
Summary:
As preservation architect and Assistant
Administer, Pat’s role was to administer to the
nine locally designated historic districts and the
Certificate of Appropriateness process, including
application review, staff reports, development of
historic district preservation plans, and
enforcement.
CITY OF MARTINSVILLE, INDIANA │
Plan Commission
Joanne Stuttgen, President
P: 765-349-1537
jstuttgen@comcast.net
Population: 11,855
City Employees: NA
Dates of Service: 4/2014 - Present
Summary:
ARCHtrio was hired to prepare amendments to
the City of Martinsville’s preservation ordinance
and develop their downtown design guidelines.
This has been a collaborative process between the
working committee, community and Plan
Commission to develop new documents that
better protect the resources that comprise the
Downtown Historic District and guidelines which
are more easily understood and user friendly.
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MONUMENT CIRCLE HISTORIC AREA PRESERVATION PLAN
HARDING STREET LOFTS
INDIANA LANDMARKS, INC.│
Marsh Davis, President
P: 317-639-4534
mdavis@indianalandmarks.org
Population: NA
Employees: NA
Dates of Service: Multiple
Summary:
The area defined as the Monument Circle District
is the historic core of the City of Indianapolis.
This district is not only a collection of some of
Indianapolis’ most notable architecture, but it also
defines a set of urban spaces that are unique to the
State. In developing the preservation plan and the
historic district guidelines, ARCHtrio was charged
with emphasizing what is significant in defining
the district, what must be preserved, yet also
allowing for change and the continued evolution
of Monument Circle and its environs that is
responsive to and respectful of the architecture
and the cultural resources of this important place
to both the City and State.
CORE REDEVELOPMENT │
John Watson, Executive Director
P: 317-636-7669
jwatson@coreredevelopment.com
Population: NA
Employees: NA
Dates of Service: Ongoing
Summary:
ARCHtrio has worked with CORE Redevelopment on
various projects including Harding Street Lofts,
Stadium Lofts, and Windsor Apartments providing
architectural design services. Design considerations
included use of historic preservation tax credits,
utilization of form based code, and development of
new construction within an historic context.
MO NUME N T C IRC LE HISTO RIC DIST RIC T H IS TO RI C A R EA PR ESE R VA T ION P L A N
IN D IAN A P OL I S H IS TO RI C P RE SER VA T I ON CO MM I SSI O N
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OUTLINE OF SERVICES
ARCHitecture trio, Inc. anticipates the following scope of services to perform Architectural Design Review
for the City of Bozeman:
GENERAL │
The scope of services include completing architectural design review consistent with the requirements of the
Unified Development Code and the preparation of staff reports for applications for review by the Design
Review Board, Community Development Director, and the City Commission.
TASKS │
1. Review Design Review application including application, floor plans and elevations, drawing
details, project materials, site development plans, renderings, etc.
2. Meet with assigned staff to identify additional project information obtained from applicant
meetings, DRC meetings or other data that may be beneficial in the review.
3. Review applicable codes, land use regulations and other neighborhood and facility planning
documents as applicable to each application.
4. Preparation of design review comments to be included in the Staff Report. Staff report
formatting and organization to be consistent with current standards.
5. Investigation and research of similar projects and other best practices, including providing
photographs of sample conforming design solutions which may be applicable to the design
review.
6. Provide revisions and additional information as requested by staff.
Assumptions:
1. City staff will provide electronic or paper copies of all application materials and any other
associated materials such as previous applications which may be pertinent to the review.
2. City staff will provide similar examples of other review applications if possible to assist in the
review and staff report formatting.
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