HomeMy WebLinkAbout07-06-20 City Commission Packet Materials - C9. Amend 1 to PSA w DOWL for Eng Services - New Hyalite View Sewer Proj
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Kellen Gamradt, Engineer II Shawn Kohtz, City Engineer
SUBJECT: Authorize the City Manager to sign amendment No. 1 to a professional services agreement with DOWL to provide professional engineering inspection services for the New Hyalite
View Sewer Improvements Project and to update the agreement to reflect current City policies.
MEETING DATE: July 6, 2020
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize the City Manager to sign amendment No. 1 to a
professional services agreement with DOWL to provide professional engineering inspection services for the New Hyalite View Sewer Improvements Project and to update the agreement to reflect current City policies.
BACKGROUND:
DOWL was selected through the City’s professional services procurement process, to design sewer improvements to New Hyalite View Subdivision. This project was designed and publicly bid on June 11th, 2020 with construction scheduled to start in mid-July. The proposed amendment to DOWL’s professional services contract will add construction management and
inspection to the contract. The amendment also includes revised language to reflect the City’s
current gender pay equality requirements. The proposed scope and fee have been reviewed by the City Engineering Department and are commensurate with the work involved.
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A detailed breakdown of the services provided under this agreement are included in the attached scope and fee schedule.
UNRESOLVED ISSUES: None
ALTERNATIVES: Disapprove
FISCAL EFFECTS: The cost of these services total $55,260.00 which is commensurate with the work involved. This work will be paid for from the wastewater fund.
Attachments: Professional Services Agreement Amendment #1, Scope of Services & Fee Schedule
Report compiled on: 06/15/20
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FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR New Hyalite View Sewer Improvements dated March 23, 2020 (the “Agreement”) 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 PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and
DOWL, 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. Scope of services, rate schedules, and budget for these services are outlined in the
attachment titled “Amendment to Standard Agreement for Professional Services,
Amendment No. 01”
2. Section 14 of the original Professional Services Agreement is hereby replaced in its
entirety with the following:
Nondiscrimination and Equal Pay: The Contractor agrees that all hiring by Contractor of
persons performing this Agreement shall be on the basis of merit and qualifications. 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.
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First Amendment to Professional Services Agreement for 2018 to 2021 Material Testing Page 2 of 3
Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors providing
services under this Agreement.
3. Agreement still valid. All remaining terms and provisions of the original Agreement
remain valid.
**** 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 DOWL
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name: Kevin Johnson
Title: Project Manager
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
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