HomeMy WebLinkAbout01-13-20 City Commission Packet Materials - C3. First Amendment to the PSA with Design 5, LLC Extending TermsCommission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Jessica Ahlstrom, Water Conservation Specialist
Mitch Reister, Director of Public Works
SUBJECT: First Amendment to the Professional Services Master Task Order
Agreement with Design 5, LLC for Median Landscape Design
Professional Services, Extending Term of the Agreement.
MEETING DATE: January 13, 2020
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the Interim City Manager to sign the First Amendment
to the Professional Services Master Task Order Agreement with Design 5, LLC for Median
Landscape Design Professional Services.
BACKGROUND: The Water Fund CIP includes project WC01 which allocates $45,000 for
landscape architecture services to provide the city with low-maintenance water efficient
landscape and irrigation designs for city medians. This project supports water conservation goals
outlined in the 2012 Integrated Water Resources Plan and 2017 Drought Management Plan.
The City entered into a Professional Services Master Task Order Agreement (Agreement) with
Design 5 LLC for median landscape design professional services, effective July 23, 2018
through June 30, 2019. The Agreement was approved by the City Commission on July 23, 2018.
As part of the first task order issued under this Agreement, Design 5, LLC developed landscape
and irrigation designs for street medians on N. 27
th
Avenue. The City plans to go through formal
procurement action to select a contractor to install the landscaping and irrigation reflected in
these designs in early 2020. The City requires Design 5 LLC to provide bidding and
construction administration services for the installation of the landscaping and irrigation.
Section 30 of the Agreement allows for a term extension and Section 3 authorizes the execution
of additional task orders. The execution of the attached First Amendment to the Agreement
would authorize a term extension of December 31, 2020 as well as the issuance of a second task
order for construction administration services.
All other terms of the Agreement will remain the same.
UNRESOLVED ISSUES: None
ALTERNATIVES: As suggested by the Commission.
FISCAL EFFECTS: Total costs of Task Order 2 to the approved Water Fund CIP Project
WC01 (Landscape Architect Medians and Boulevards) are not to exceed $6,820. This is within
the $45,000 budget previously approved by the Commission in the FY18-FY22 Water Fund CIP.
ATTACHMENTS: Professional Services Master Task Order Agreement dated July 23, 2018
First Amendment to Professional Services Master Task Order Agreement
Exhibit A to the First Amendment - Task Order #2
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First Amendment to Professional Services Master Task Order Agreement for Median Landscape Design
Professional Services
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FIRST AMENDMENT TO PROFESSIONAL SERVICES MASTER TASK ORDER
AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES MASTER
TASK ORDER AGREEMENT (the “Agreement”) dated July 23, 2018 for median landscape
design professional services is made and entered into this ___ day of _________, 2020, 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 P.O. Box 1230, Bozeman, MT 59771, hereinafter referred to
as “City,” and, Design 5, LLC, with a mailing address of 37 East Main St., Suite 10, Bozeman,
MT 59715 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 to amend the Agreement
as follows:
1. Extension of Term. Section 2, Agreement is amended to extend the expiration date of the
Agreement to December 31, 2020.
2. Addition of Second Task Order. Section 3, Scope of Work, is amended to add Task
Order #2, attached hereto as Exhibit A and incorporated herein by this reference.
3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** 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
(Design 5, LLC)
By________________________________ By_____________________________
Dennis Taylor, Interim City Manager Print Name: ____________________
Title: __________________________
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First Amendment to Professional Services Master Task Order Agreement for Median Landscape Design
Professional Services
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APPROVED AS TO FORM
By______________________________
Greg Sullivan, City Attorney
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Exhibit A to Professional Services Agreement
TASK ORDER NUMBER 2
Issued under the authority of Professional Services Agreement between the City of Bozeman
and DESIGN 5, LLC for: MEDIAN LANDSCAPE AND IRRIGATION DESIGNS
This Task Order is dated January __, 2020 between City of Bozeman (City) and DESIGN 5,
LLC (Contractor).
The following representatives have been designated for the work performed under this Task Order:
City: Jessica Ahlstrom Contractor: Troy Scherer
SCOPE OF WORK:
SEE ATTACHMENT A
COMPENSATION:
Contractor shall be reimbursed on a (Hourly, Not to Exceed) basis pursuant to costs outlined in Attachment
A. Contractor shall invoice no more often than monthly for services provided in the prior month.
The provisions of the Professional Services Master Task Order Agreement and any Special Terms and
Conditions and/or Exhibits or Attachments to this Task Order shall govern the Work.
IN WITNESS WHEREOF, the parties authorized to commit resources of the companies have executed this
Task Order:
City of Bozeman Contractor
Signature: _________________________ Signature: __________________________
Name: Mitch Reister Name: Troy Scherer _
Title: __Director of Public Works Title: Managing Member ________
Date: Date: _______________
Fed. ID. No. 26-4433858 __
12/29/19
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ATTACHMENT A: Landscape Architecture Additional Services: Drought Tolerant Landscape
and Irrigation Designs for City Medians: Phase 1
Landscape Architecture Additional Services:
DROUGHT TOLERANT LANDSCAPE AND IRRIGATION DESIGNS FOR CITY MEDIANS
PHASE 1
Jessica Ahlstrom
PO Box 1230
Bozeman, MT 59771 -1230
406-582-2265
jahlstrom@bozeman.net
This letter is to establish an agreement for additional services between Design 5, LLC and the
City of Bozeman for the “Drought Tolerant Landscape and Irrigation Designs for City Medians
Ph.1” that included design for the N. 27th Avenue medians located between Baxter Lane and
Oak Street.
SCOPE OF SERVICES:
Design 5 will act in the role of the Project engineer as defined by the tasks outlined in the
“Supplementary Conditions of the General Conditions” section of the project bid documents.
Design 5’s role will be limited to the following services:
1 Attend the pre-bid meeting and provide clarifications and addendums to the
plans.
3 Hours
2 Review bids from contractors and provide guidance to the City of Bozeman as
requested.
4 Hours
3 Review product submittals. 4 Hours
4 Respond to contractor’s Requests for Information (RFI). 4 Hours
5 Attend a pre-construction meeting. 4 Hours
6 Review the contractor’s construction schedule and documents identified in
paragraph 2.05.A of the General Conditions.
2 Hours
7 Review contractor’s applications for payment and progress schedules. 5 Hours
8 Attend Weekly meetings with the contractor on-site to review the work and
provide reports on the progress of the work.
32 Hours
9 Conduct a final inspection walk through and report 4 Hours
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DESIGN 5 COMPENSATION:
Task 1*
Construction Observation................................................................................................$6,820
Total ...................................................................................................................................$6,820
*Hourly, Not-to-Exceed
Design 5 FEE SCHEDULE:
Principal ............................................................................................................................$ 130/hr
Lead Designer...................................................................................................................$ 110/hr
CAD Tech ...........................................................................................................................$ 90/hr
Sub-Consultants ......................................................................................................$ Invoice + 10
REIMBURSABLE EXPENSES:
Printing/Office Supplies Allowance....................................................................................$500
Additional work as requested by Client
Hourly rate of necessary staff
Any work not specifically described above will be considered additional scope and will be
discussed in writing before engaging in additional design time.
Changes to site plan or Architecture by the Client will be considered Additional Scope and
billed hourly at the rate of the personnel required. This applies to sub consultants as well.
Any additional time and charges will be agreed upon by Design 5 and City of Bozeman, in
writing, before beginning work
Travel Outside of 75 mile radius of Bozeman……………………………………....Hourly rate of
Personnel and Direct Expense x 1.10
- Airfare / Mileage
- Room & Board
PAYMENT SCHEDULE:
No initial payment is required prior to starting any design work. The project will be billed
monthly. Payments are due and payable thirty (30) days from the date of DESIGN 5, LLC’s
invoice. Amounts unpaid thirty (30) days after the invoice date shall bear interest at the rate of
1.5% per month.
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LANDSCAPE ASSUMPTIONS:
Design 5, llc has made the following assumptions in creating this scope of work:
Any tasks not specifically discussed in this proposal fall outside of the scope of this
contract.
Design will not be responsible for other tasks generally in the scope of the engineer
including but not exclusive to the following:
o Traffic Control
o Concrete Testing
Thank you for this opportunity to provide our services. If you have any questions, please do not
hesitate to contact me at 406-600-0342 or troy@design5la.com
cc:File- CoB Medians Add Services 1 19_1227
DESIGN 5, LLC’S SERVICES
Opinions of probable construction cost. In providing opinions of probable construction cost, the Client understands that DESIGN 5,
LLC has no control over the cost or availability of labor, equipment, or materials, or over market conditions or the Contractor’s
method of pricing, and that DESIGN 5, LLC’s opinions of probable construction costs are made on the basis of DESIGN 5, LLC’s
professional judgment and experience. DESIGN 5, LLC makes no warranty, express or implied, that the bids or the negotiated cost
of the Work will not vary from DESIGN 5, LLC’s opinion of probable construction costs.
Ownership of Instruments of Service. All reports, plans, specifications, computer files, field data, notes and other documents and
instruments prepared by DESIGN 5, LLC as instruments of service shall remain the property of DESIGN 5, LLC. Client, by paying
DESIGN 5, LLC’s invoices, receives a license to use the instruments of service on the subject project only. DESIGN 5, LLC shall
retain all common law, statutory and other reserved rights, including the copyright thereto.
Notice of Additional Uses. Client must give DESIGN 5, LLC twenty-one (21) days written notice if it intends to reuse the instruments
of service on another project(s) so that (1) compensation to DESIGN 5, LLC for such use of its intellectual property may be negotiated
(unless already established in the Letter Agreement), and (2) compensation to DESIGN 5, LLC for the risk of liability posed by each
additional use can be negotiated – or – DESIGN 5, LLC and Client can agree that no such compensation will be paid in exchange for
Client indemnifying DESIGN 5, LLC from any liability whatsoever, including arising from DESIGN 5, LLC’s own negligence, arising
from such additional use.
ASSUMPTION OF RISK
Unauthorized Changes. In the event the Client, the Client’s contractors or subcontractors, or anyone for whom the Client is legally
liable makes or permits to be made any changes to any reports, plans, specifications or other documents prepared by DESIGN 5,
LLC without obtaining DESIGN 5, LLC’s prior written consent, the Client shall assume full responsibility for the results of such changes.
Therefore the Client agrees to waive any claim against DESIGN 5, LLC and to release DESIGN 5, LLC from any liability arising directly
or indirectly from such changes. In addition, the Client agrees to indemnify, defend, and hold harmless DESIGN 5, LLC from any
damages, liabilities or costs, including reasonable attorneys’ fees and costs of defense, arising from such changes.
PAYMENT FOR DESIGN 5, LLC’S SERVICES
Disputed invoices. If the Client objects to any portion of an invoice, the Client shall so notify DESIGN 5, LLC in writing within ten (10)
calendar days of receipt of the invoice. The Client shall identify in writing the specific cause of the disagreement and the amount that
is disputed and shall pay that portion of the invoice not in dispute in accordance with the other payment terms of this Agreement.
Client’s payment of any part of an invoice without so notifying DESIGN 5, LLC of an objection constitutes acceptance and approval of
that aspect of DESIGN 5, LLC’s work.
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