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First Amendment to Professional Services Agreement for the Bozeman Alleyways Beautification Project
FY 2023-2024
Page 1 of 3
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
FOR the Bozeman Alleyways Beautification Project (Phase 2), dated 27th day of September,
2022 (the “Agreement”) is made and entered into this 11th day of July 2023, 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 Design.5 Landscape Architecture, 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. Not To Exceed. Due to an extended bidding timeline and unexpected electrical engineering
subcontractor work, the not to exceed provision at the end of the scope of work shall be
increased by $15,000 for FY24.
2. Scope of Work. Scope of work is unchanged from original agreement.
3. Term/Effective Date. This amended agreement is effective upon adoption and will expire
on the 28th Day of September 2023, unless earlier terminated in accordance with the
agreement.
4. 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
DocuSign Envelope ID: E5D5C4CD-4856-47D4-84E4-0F97479C0323
First Amendment to Professional Services Agreement for the Bozeman Alleyways Beautification Project
FY 2023-2024
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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.
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.
1. Agreement still valid. All remaining terms and provisions of the Agreement remain valid.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****
DocuSign Envelope ID: E5D5C4CD-4856-47D4-84E4-0F97479C0323
First Amendment to Professional Services Agreement for the Bozeman Alleyways Beautification Project
FY 2023-2024
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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 DESIGN 5 ARCHITECTURE
By________________________________ By_____________________________
Jeff Mihelich, City Manager Print Name:
Title:
APPROVED AS TO FORM
By_______________________________
Greg Sullivan, Bozeman City Attorney
DocuSign Envelope ID: E5D5C4CD-4856-47D4-84E4-0F97479C0323