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HomeMy WebLinkAbout23 - Amendments Amendment Number Unknown - Design.5 Landscape Architecture - Downtown Bozeman Alleyways BeautificationSecond Amendment to Professional Services Agreement for the Bozeman Alleyways Beautification Project FY 2023-2024 Page 1 of 3 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND 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 12th day of December 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 30th day of September, 2024, 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: F5A2EA9E-ACB5-48F4-867C-2D63A86D501B Second Amendment to Professional Services Agreement for the Bozeman Alleyways Beautification Project FY 2023-2024 Page 2 of 3 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: F5A2EA9E-ACB5-48F4-867C-2D63A86D501B Second Amendment to Professional Services Agreement for the Bozeman Alleyways Beautification Project FY 2023-2024 Page 3 of 3 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: F5A2EA9E-ACB5-48F4-867C-2D63A86D501B Ryan Hamilton Senior Associate