HomeMy WebLinkAboutC2. Ratify Signature Think One
Commission Mémorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chuck Winn, Assistant City Manager
SUBJECT: Contract for Architectural Services for the Phase 1 Remodel of the Stiff
Professional Building.
MEETING DATE: April 4, 2016
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Ratify the City Manager’s signature on a contract for architectural
services with ThinkOne Architects for the Phase 1 remodel of the Stiff Professional Building.
PROPOSED MOTION: Having considered public comment and the information presented
by staff, I hereby move to ratify the City Manager’s signature for an architectural services
contract with ThinkOne Architects for the Phase 1 remodel of the Stiff Professional Building.
SUMMARY: The City’s FY16 approved budget contains $200,000 for an interior alteration project within the Stiff Professional Building. Within this budget is $14,000 for architectural
services which include the preliminary work done to prepare the project for the budget proposal,
the development of final plans, and minimal construction management services.
This project is planned to remodel existing underutilized space within the Stiff Professional Building to accommodate additional staff in GIS, Engineering, and Planning and will improve staff and public interaction efficiencies for those essential services. This project is designed to be
the first phase in a larger remodel project that will ultimately co-locate departments on the same
floors to improve customer service and improve employee efficiency and effectiveness.
UNRESOLVED ISSUES: None.
ALTERNATIVES: None identified.
FISCAL EFFECTS: The cost of this project was included in the City’s FY16 budget approved by the City Commission.
Attachments:
Attachment A: Architectural Services Agreement
Attachment B: Scope of Services
Report compiled on: March 21, 2016
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Professional Services Agreement – ThinkOne Architecture Stiff Remodel 2016
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PROFESSIONAL ARCHITECTURAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this 10th day of February, 2016, by and
between the CITY OF BOZEMAN, MONTANA, a municipal corporation organized and existing
under the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana 59771,
hereinafter referred to as “City,” and, ThinkOne Architects, 101 East Main Street, Studio One
North, Bozeman, MT 59715, hereinafter referred to as “Architect.”
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to hire Consultant as an independent contractor to perform for City design and construction coordination services for Phase 1 remodel of the Stiff Professional Building.
2. Effective Date: This Agreement is effective upon the date of its execution and will
terminate on completion of the project but no later than the 1st day of July, 2016. 3. Scope of Work: Consultant will perform the work and provide the services in
accordance with the requirements of the Scope of Services attached hereto. For conflicts between
this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement
governs.
4. Payment: City agrees to pay Architect Fourteen Thousand Dollars ($14,000) for
services performed pursuant to the Scope of Services. Any alteration or deviation from the
described work that involves additional costs above the Agreement amount will be performed by
Architect after written request by the City, and will become an additional charge over and above the contract amount. The parties must agree in writing upon any additional charges.
5. Consultant’s Representations:
To induce City to enter into this Agreement, Architect makes the following representations:
a. Architect has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, growth policies,
adopted plans of the City, ordinances, rules, and regulations that in any manner may affect cost,
progress or performance of the Scope of Services.
b. Architect represents and warrants to City that it has the experience and ability to
perform the services required by this Agreement; that it will perform 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.
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6. Independent Contractor Status: The parties agree that Architect is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Architect is not subject to the terms and provisions of the City’s personnel policies
handbook and may not be considered a City employee for workers’ compensation or any other
purpose. Architect is not authorized to represent the City or otherwise bind the City in any dealings
between Architect and any third parties. Architect shall comply with the applicable requirements of the Workers’ Compensation Act,
Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71,
MCA. Architect shall maintain workers’ compensation coverage for all members and employees of
Architect’s business, except for those members who are exempted by law. Architect shall furnish the City with copies showing one of the following: (1) a binder for
workers’ compensation coverage by an insurer licensed and authorized to provide workers’
compensation insurance in the State of Montana; or (2) proof of exemption from workers’
compensation granted by law for independent contractors. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services
rendered, to the fullest extent permitted by law, Architect agrees to defend, indemnify, and hold the
City harmless against claims, demands, suits, damages, losses, and expenses connected therewith
that may be asserted or claimed against, recovered from or suffered by the City by reason of any injury or loss, including but not limited to, personal injury, including bodily injury or death,
property damage, occasioned by, growing out of, or in any way arising or resulting from any
intentional or negligent act on the part of Architect or Architect’s agents or employees.
For the professional services rendered, to the fullest extent permitted by law, Architect agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and
expenses, including reasonable defense attorney fees, to the extent caused by the negligence or
willful misconduct of the Architect or Architect’s agents or employees.
Architect 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.
Should City be required to bring an action against the Architect to assert its right to defense
or indemnification under this Agreement or under the Architect’s applicable insurance policies
required below the City shall be entitled to recover reasonable costs and attorney fees incurred in
asserting its right to indemnification or defense but only if a court of competent jurisdiction
determines the Architect was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof.
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The above obligations shall survive termination of this agreement.
In addition to and independent from the above, Architect shall secure insurance coverage acceptable to the City and furnish to the City an accompanying certificate of insurance issued by a
company authorized to do business in the State of Montana in amounts not less than as follows:
• Workers’ Compensation - statutory
• Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate
• Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000
annual aggregate
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate
The City of Bozeman, 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 thirty (30) day notice of cancellation or non-renewal. The
City must approve all insurance coverage and endorsements prior to the Architect commencing work.
8. Professional Service: Architect agrees that all services and work performed
hereunder will be accomplished in a professional manner.
9. Compliance with Laws: Architect agrees to comply with all federal, state and local
laws, ordinances, rules and regulations, including the safety rules, codes, and provisions of the
Montana Safety Act in Title 50, Chapter 71, MCA. Architect agrees to purchase a City business
license.
10. Nondiscrimination: The Architect will have a policy to provide equal employment
opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations,
and contracts. The Architect will not refuse employment to a person, bar a person from
employment, or discriminate against a person in compensation or in a term, condition, or privilege
of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability,
except when the reasonable demands of the position require an age, physical or mental disability,
marital status or sex distinction. The Architect shall be subject to and comply with Title VI of the
Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated
thereunder. The Architect shall require these nondiscrimination terms of its sub-consultants providing services under this agreement.
11. Default and Termination: If either party fails to comply with any condition of this
Agreement at the time or in the manner provided for, the other party, at its option, may terminate this Agreement and be released from all obligations if the default is not cured within ten (10) days
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after written notice is provided to the defaulting party. Said notice shall set forth the items to be
cured. Additionally, the non-defaulting party may bring suit for damages, specific performance, and any other remedy provided by law. These remedies are cumulative and not exclusive. Use of one remedy does not preclude use of the others. Notices shall be provided in writing and hand-
delivered or mailed to the parties at the addresses set forth in the first paragraph of this Agreement.
12. Modification and Assignability: This document contains the entire agreement between the parties and no statements, promises or inducements made by either party or agents of either party, which are not contained in this written Agreement, may be considered valid or binding.
This Agreement may not be enlarged, modified or altered except by written agreement signed by
both parties hereto. The Architect may not subcontract or assign Architect’s rights, including the
right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement.
13. Ownership and Publication of Materials: All reports, information, data, and other
materials prepared by the Architect pursuant to this Agreement, except those separately identified in
the Scope of Services or in other written agreements between the parties, are jointly owned by the Architect and the City. The City has authority to release, publish or otherwise use, in whole or part,
reports, information, data and other materials prepared by Architect pursuant to this Agreement,
except those separately identified in the Scope of Services or in other written agreements between
the parties. Any re-use without written verification or adaptation by the Architect for the specific
purpose intended will be at the City’s sole risk and without liability or legal exposure to the Architect. No material produced in whole or in part under this Agreement may be copyrighted or
patented in the United States or in any other country without the prior written approval of the City.
14. Liaison: City’s designated liaison with Architect is Mike Gray and Architect’s
designated liaison with City is Bill Hanson.
15. Applicability: This Agreement and any extensions hereof shall be governed and
construed in accordance with the laws of the State of Montana.
16. Reports/Accountability/Public Information: Architect agrees to develop and/or provide documentation as requested by the City demonstrating Architect’s compliance with the requirements of this Agreement. Architect shall allow the City, its auditors, and other persons
authorized by the City to inspect and copy its books and records for the purpose of verifying that the
reimbursement of monies distributed to Architect pursuant to this Agreement was used in
compliance with this Agreement and all applicable provisions of federal, state, and local law. The Architect shall not issue any statements, releases or information for public dissemination without prior approval of the City.
17. Non-Waiver: A waiver by either party 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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18. 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.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA ____________________________________ ARCHITECT (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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Scope of Services Document
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Alfred M. Stiff Professional Building Interior Alteration – Phase 1
Scope of Architectural Design Services:
General Project Description:
The concept design work prepared by ThinkOne for the Alfred M. Stiff Professional Building Interior
Alteration consists of an extensive interior alteration of the basement, main and upper level to best
accommodate city offices and staff.
Phase 1 scope is a limited portion of the developed concept plan that can accommodate the full concept
scope in the future. Phase 1 includes the following areas of renovation:
Basement: Approx. 1,400 sf renovation of existing space to provide new breakroom,
meeting room and plat room. Alternate scope of work to provide daylight
windows into the breakroom and meeting room with associated exterior
window well.
Main Floor: Approx. 180 sf renovation of existing workroom to provide two new individual
offices.
Upper Floor: Approx. 720 sf renovation of existing open office on break room to provide new
expanded open office space and two individual offices.
Interior renovation to include new interior finishes consistent with existing finishes, alteration of existing
mechanical, plumbing and electrical systems.
Work Elements:
1. Perform an on‐site inspection of the existing building to determine existing conditions and scope
of work needed in association with proposed interior alteration.
2. Prepare design and construction documents describing the owner approved scope of interior
alteration work including:
a. Necessary site improvements for alternate exterior window well.
b. Exterior improvements for alternate exterior window well.
c. Interior demolition, alterations and improvements for basement break room, meeting
room, main floor offices, and upper floor open office suite with two offices.
d. Interior finishes including wall finishes, interior finish carpentry, flooring and ceiling
finishes, and necessary casework to support the design scope.
e. Prepare specification manual outlining all Division 1 and technical specification sections.
f. Coordinate with City of Bozeman for Planning Department and Building Division
approvals.
g. Design meetings as necessary with the Owner.
3. Perform Construction Administration services including:
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Scope of Services Document
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a. Perform in‐office project management including coordination with field personnel,
preparation of RFI responses, review and approval of submittals, and preparing all
change order documents, etc.
b. Attend a maximum of six (6) project meetings at project site.
c. Provide a maximum of four (4) on‐site construction observation visits to assess progress
and quality of the work.
d. Provide one substantial completion inspection. Provide the Owner with documentation
of the inspection findings.
e. Coordinate project closeout with the Contractor and City of Bozeman.
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