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Home My WebLink About20- Amendment 1 to PSA - Design 5, LLC. - Median Landscape Design co. �. 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 13*-day of -S , 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) Bye By . V�� Dennis Taylor, Interim City Manager Print Name: Title: �ecirnc. First Amendment to Professional Services Master Task Order Agreement for Median Landscape Design Professional Services Page 1 of 2 APWGreullivan, O �'Q�R94 By City Attorney First Amendment to Professional Services Master Task Order Agreement for Median Landscape Design Professional Services Page 2 of 2 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 13, 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 (Ho url: 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: 1 ' 13 •d-ct> _ Fed.ID.No. 26-4433858 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 j�hlsi_.oi,a�bozemana�r�t 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. 27"' 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 3 Hours plans. 2 Review bids from contractors and provide guidance to the City of Bozeman as 4 Hours requested. 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 2 Hours paragraph 2.05.A of the General Conditions. 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 32 Hours provide reports on the progress of the work. 9 Conduct a final inspection walk through and report 4 Hours DESIGN 5 COMPENSATION: Task V Construction Observation................................................................................................$6,820 Total ................................................................................................................................... 6,82 *Hourly, Not-to-Exceed Desi n 5 FEE SCHEDULE_ Principal ............................................................................................................................$ 130/hr LeadDesigner...................................................................................................................$ 110/hr CADTech ...........................................................................................................................$ 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. LANDSCAPE ASSUMPTIONS: Design 5, Ilc 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 191227 DESIGN 5,LLC'S SERVICES Opinions of probable construction cost. In providing opinions of probable construction cost,the Client understands that DESIGN 5, LI_C 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, LI_C'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, LI_C 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,LI_C 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.