HomeMy WebLinkAbout21- Amendment 1 to PSA - Maddaus Water Management - 2020 Water Conservation Plan
First Amendment to Professional Services Agreement – 2020 Water Conservation Plan
FY 2020 – FY 2021
Page 1 of 3
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR
the 2020 Water Conservation Plan dated August 18, 2020 (the “Agreement”) is made and entered
into this _____ day of ____________, 2021 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 Maddaus
Water Management Inc., hereinafter referred to as “Consultant.”
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: Section 3 of the Agreement is amended to include work outlined in
Exhibit B: Scope of Work - Landscape and Irrigation Code Revisions, hereby attached to
this First Amendment.
2. Payment for Scope of Services: Section 4 of the Agreement is amended and replaced in
its entirety with the following:
City agrees to pay Consultant for the completion of Exhibit A: Scope of Services a lump
sum amount of $80,000.00, being equal to the Consultant’s Direct Labor Costs times a
factor of 3.4, which shall cover Direct Labor, the federally audited payroll Direct Labor
Overhead, General & Administrative Overhead, and Profit. The Consultant’s Direct Labor
Costs in $/hr for its employee classes and a detailed breakdown of personnel hours directly
assigned to each task of Exhibit A: Scope of Services is attached hereto as “Attachment 1”
and by this reference made a part hereof.
City agrees to pay Consultant for the completion of Exhibit B: Scope of Work – Landscape
and Irrigation Code Revisions on a time and materials basis not to exceed $20,060.00. The
Consultant’s Direct Labor Costs in $/hr for its employee classes and a detailed breakdown
of personnel hours directly assigned to each task of Exhibit B: Scope of Work – Landscape
and Irrigation Code Revisions is attached hereto as “Attachment 2” and by this reference
made a part hereof.
DocuSign Envelope ID: 35C2C014-E083-46CD-9B93-5A23AC1034ED
7th December
First Amendment to Professional Services Agreement – 2020 Water Conservation Plan
FY 2020 – FY 2021
Page 2 of 3
The Consultant agrees that all hiring by Consultant of persons performing this Agreement shall
be on the basis of merit and qualifications. The Consultant will have a policy to provide equal
employment opportunity in accordance with all applicable state and federal anti-discrimination
laws, regulations, and contracts. The Consultant 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 Consultant 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.
Consultant 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). Consultant must report to the City any violations of the Montana Equal Pay Act that
Consultant has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Consultant shall require these nondiscrimination terms of its subconsultants providing services
under this Agreement.
3. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
DocuSign Envelope ID: 35C2C014-E083-46CD-9B93-5A23AC1034ED
First Amendment to Professional Services Agreement – 2020 Water Conservation Plan
FY 2020 – FY 2021
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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 MADDAUS WATER MANAGEMENT, INC.
By________________________________ By_____________________________
Jeff Mihelich, City Manager Michelle Maddaus, President
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: 35C2C014-E083-46CD-9B93-5A23AC1034ED