HomeMy WebLinkAbout22- Amendment 1 - PSA with DOWL, LLC - On Call Planning, Engineering and Construction Oversight1st AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS 1st AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR ON-
CALL PLANNING, ENGINEERING, AND CONSTRUCTION OVERSIGHT SERVICES
FOR A VARIETY OF STORMWATER DIVISION INFRASTRUCTURE PROJECTS
dated September 16th, 2019 (the “Agreement”) is made and entered into this _____ day of
____________, 2022, 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, LLC, 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 30 of the Agreement is extended for an additional one (1) year
period. The Agreement shall terminate on September 16th, 2023.
2.Nondiscrimination and Equal Pay: Section 14 of the Agreement is replaced in its
entirety with the following:
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.
DocuSign Envelope ID: 057D23E2-F3C7-4201-96C3-0E79C423CAA4
23
August
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 Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
DocuSign Envelope ID: 057D23E2-F3C7-4201-96C3-0E79C423CAA4
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA DOWL, LLC
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: 057D23E2-F3C7-4201-96C3-0E79C423CAA4
Wade Irion
Water Practice Lead