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HomeMy WebLinkAbout07- Durston Road Improvements Amendment No 4 to Professional Services Agreement, 2007 AMENDMENT NO.4 TO PROFESSIONAL SERVICES AGREEMENT Durston Road Improvements (North 7th - North 19th) "rll\ THIS AGREEMENT made as of the '-I day of ~, 2007, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as OWNER and HKM, Engineering Inc., P.O. Box 31318, Billings, Montana, 59107-1318, herein referred to as ENGINEER. WHEREAS, the parties have entered into a Professional Services Agreement dated August 7, 1995, herein referred to as Original Agreement, for professional engineering services for the improvements to Durston Road (North ih - North 19th); and WHEREAS, the parties desire to amend the provisions of this Agreement, NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: Revise Article 6 "Compensation for Engineering Service" as follows: 6.2 DIRECT LABOR COST PAYMENT FOR BASIC SERVICES AND EXPENSES OF ENGINEER. Construction and project documentation services performed as Basic Engineering Services under sections 4.5 through 4.7 including General Administration of Construction Contract, Resident Project Representation, Project Documentation, and Construction Testing shall be compensated in accordance with the following: 6.2.1 The OWNER shall pay for construction Phase and Project Documentation Services an amount not to exceed $248,797.12 except as provided under 6.2.1.2 and 6.2.4. 6.2.2 Reimbursable Ex-penses, as defined in section 7.4 of this Agreement, for Basic Services and Approved Additional Services shall be paid to the ENGINEER by the -1- H :\02\M229129\Contracts\AM EN D4.doc 08/20/07 @ 9:49 AM OWNER in actual amount of the costs incurred up to an amount not to exceed $34,130.00 which includes $8.340.00 for consultants employed by the Engineer and $25,790.00 for all other reimbursable expenses. The estimated reimbursable expenses are identified in Exhibit "D". Except as specifically amended herein, the Original Agreement on August 7. 1995 and any subsequent amendments shall remain in full force and effect and the parties shall be bound by all terms and conditions therein. -2- H:\02\M229129\Contracts\AMEND4.doc 08/20/07 @ 9:49 AM IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the day and year first above written. CITY OF BOZEMAN By~A_~ Chris A. Kukulski City Manager AITEST:-~-'> _ .~ Acting City'f?e!k,,> HKM Engineering Inc. ~~j~~ ATTEST: By: ~f[u;r~ -3- H:\02\M229129\Contracts\AMEND4.doc 08/23/07 @ 8:22 AM ./~ ;/ :""'-- ,.~"~,,,. -~-- '. :,....' ~ --- ,__:-~ .r::::::---- - ,,- ---/~-- ~~-:~~ ~ --:-. ,"." .- ---...... ---..-- ..: / f.. ~ _.:," ~ ........... ..-! .,OJ .... Exhibit "D" Durston Road Improvements, North 7th to North 19th EXPENSE COST Travel $700.00 Materials, Postage and Supplies $1,000.00 Reproducti on s $250.00 Equipment Rental >Inspection Vehicle $7,500.00 Testing (HKM Lab) $16,340.00 Marvin and Associates $8,340.000 .~,. ..-- TOTAL $34,130.0 -4- H:\02\M229129\Contracts\AMEND4.doc 08/20/07 @ 9:49 AM