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HomeMy WebLinkAbout10- Amendment to Prof. Service Agreement with TD&H Engineering for the Depot ParkFROM: MEETING DATE: February 1, 2010 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Commission Memorandum REPORT TO: Honorable Mayor and City Commission Keri Thorpe, Assistant Planner Chris Saunders, Interim Planning Director City Manager SUBJECT: Authorize City Manager to Sign Amendment to Professional Service Agreement with TD &H Engineering, Inc. for the Depot Park BACKGROUND: The Northeast Urban Renewal Board entered into a Professional Services Agreement (PSA) with TD &H Engineering, Inc. for engineering services for improvements to the Depot Park located at the intersection of Front Street, Ida Avenue and Aspen Street. The agreement now needs amending. The original provisions of the PSA along with the additional services now being requested are clearly described in the amendment. You will note that the original agreement was with the Northeast Urban Renewal Board and not the City of Bozeman. Staff originally directed the Northeast and North Seventh Urban Renewal Boards to enter into contracts. Such powers were granted under the ordinances creating them. Specifically, both Boards were granted powers specified in MCA 7 -15 -4233 giving the Board the power to enter contracts. The City Attorney has since recommended that the Boards request the City enter such contracts with the approval of the City Commission. This keeps the procedure in line with how other departments /divisions of the City administrate service contracts. FISCAL EFFECTS: The budget for the Depot Park listed $3,500 in engineering services. The amended service contract states that the total cost for engineering services will be $5,000 resulting in an additional cost of $1,500 for engineering services not previously budgeted. Once bids have been received for the Depot Park construction and landscaping improvements, staff will be able to reassess the fiscal effects of this unforeseen overage. ALTERNATIVES: As suggested by the City Commission. Attachments: 1) Original PSA; 2) Amendment Report compiled on: Monday, January 25, 2010 CLIENT: Northeast Urban Renewal Board City of Bozeman PO Box 1230 Bozeman, MT 59771 AGREEMENT FOR ENGINEERING SERVICES ENGINEER: THOMAS, DEAN HOSKINS, INC. 215 West Mendenhall, Suite C -1 Bozeman, MT 59715 PROJECT DESCRIPTION: Depot Park a Portion of Aspen Street SERVICES TO BE PERFORMED: As described in the attached letter dated August 19, 2009. AMOUNT OF FEE: [X] The lump sum fee to complete the services to be performed will be $2,450. A retainer in the amount of NA is required before beginning services. The amount of the retainer will be credited toward the final billing when the services are substantially complete. The Engineer will begin services within 5 days of receipt of this signed agreement. PAYMENT TO THE ENGINEER: Progress payments shall be made in proportion to the services rendered and shall be due and owing the Engineer's monthly statement. The Client agrees to pay interest at the maximum legal rate allowed Days past due, plus a reasonable attorney's fee, court cost and actual collection of any past due am This agreement consisting of this sheet plus any attachments, is hereby accepted by the respective 1. ENGINEER shall perform professional engineering and normal incidental service thereto. The ENGINEER is authorized to proceed as of the date of this contract unless otherwise noted. 2. PAGES ONE AND TWO of this form constitute written authorization for the ENGINEER to proceed. Following this authorization, the ENGINEER will consult further with CLIENT to clarify requirements for the Project and review available data. 3. The ENGINEER will perform its services in a manner consistent with generally accepted professional standards required of it and other design professionals providing similar services under similar conditions, in the same locate. 4. Any Opinion of the Construction Cost prepared by the ENGINEER represents his judgment as a design professional and is supplied for the general guidance of the CLIENT. Since the ENGINEER has no control over the cost of labor and material, or over competitive bidding or market conditions, the ENGINEER does not guarantee the accuracy of such opinions as compared to Contractor bids or actual cost to the CLIENT. 5. ENGINEER shall not be responsible for the acts or omissions of any Contractor, or subcontractor, or any of the Contractor(s)' or subcontractor' agents or employees or any other persons (except ENGINEER's own employees and agents) at the site or otherwise performing any of Contractor(s)' work; however, nothing contained herein shall be construed to release ENGINEER from his responsibilities to properly perform duties undertaken by him as a part of this AGREEMENT. 6. CLIENT shall provide all criteria and full information as to CLIENTS requirements for the Project designate a person act with authority on CLIENTS behalf in respect of all aspects of the Project examine and respond promptly to ENGINEER'S submissions; and upon receipt of on accounts 30 ounts. parties. give prompt written notice to ENGINEER whenever he observes or otherwise becomes aware of any defect in the work. The ENGINEER and its consultant has the right to rely on the accuracy of CLIENT- furnished information. CLIENT shall also do the following and pay all costs incidental thereto: (1) Provide such legal, accounting and other counseling BY: services as may be required for the project. (2) Furnish approvals and permits from all governmental authorities having jurisdiction over the Project. ENGINEER will obtain design approval from DATE: 8 Z I appropriate agencies. (3) Pay all costs Incidental to obtaining bids or proposals from Contractor(s). (4) Pay all review and filing fees required by govemmental agencies. (5) Guarantee full and free access for the ENGINEER to enter upon all property required for the performance of the ENGINEER'S services under this Agreement. 7. The obligation to provide further services under this Agreement may be terminated by either party upon seven days written notice in the event substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of any termination, ENGINEER will be paid for all services rendered to the date of termination, all Reimbursable Expenses and termination expenses. The CLIENT may terminate this contract for their convenience by using a formal notice to the ENGINEER which completes the termination when acknowledged by the ENGINEER. The ENGINEER acknowledgement shall occur within 7 days of document receipt. 8. CLIENT and ENGINEER each binds himself and his partners, successors, executors, administrators, assigns and Legal representatives to the other party of this Agreement to the partners, successors, executors, administrators, assigns and legal representatives of such other party, in respect to all covenants, agreements and obligations of this Agreement. 9. All documents including drawings /specifications provided or furnished by ENGINEER pursuant to this Agreement are instruments of service and ENGINEER shall retain an ownership and property interest therein. CLIENT may make and retain copies for information and reference in connection with the project use and occupancy. Any CLIENT reuse without ENGINEER's authorization will be at CLIENT's sole risk. 10. Dispute Resolution The CLIENT and ENGINEER agree to negotiate in good faith for a period of thirty clays from the date of notice of all disputes between them prior to exercising their rights to mediation. Mediation by a CLIENT ENGINEER agreed upon mediator would occur after the 30 day period. If litigation does occur, it would be in the legal jurisdiction of Gallatin County, Montana. 11. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than CLIENT and ENGINEER. CLIENT: TITLE: n S it7gArr m e La V ENGINEER: THOMAS, DEAN HOSKINS, INC. BY: "0 et' David J. Crawford TITLE: Vice President DATE: 1 6GI 3 Amendment No. 1 to Professional Services Agreement for Depot Park Engineering Services THIS AGREEMENT is made as of this 1 day of brVar y 2010, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman, Montana, herein referred to as OWNER and Thomas, Dean Hoskins, Inc., an Engineering Consulting Firm of Bozeman, Montana, herein referred to as ENGINEER. WHEREAS, the parties have entered into a Professional Services Agreement dated August 19, 2009, herein referred to as Original Agreement for professional engineering services; and WHEREAS, the parties desire to further amend the provisions of this Agreement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, the parties agree as follows: 1. The original provisions of the agreement are still in place, including the scope of work: a. Topographic survey of the undeveloped site b. Survey and map approximate right of way locations in adjacent streets c. Survey and map approximate right of way locations in Aspen Street from Ida to Wallace d. Stake locations of approximate right of way in Aspen Street from Ida to Wallace e. Site grading and drainage plan f. Stake the curb locations for contractor 2. The original fee agreement was to provide Engineering services for a lump sum fee of $2,450. Engineer would then make a $2,000 donation to the City to be used as the City sees fit. This donation has been made at this time. 3. Additional scope of work items are hereby added to the original agreement: a. Design a well to provide water to park and potentially to old Aspen Street right of way b. Design pump for new well c. Specify power and control for new well d. Design water service and shutoff to park and potentially to serve the old Aspen Street right of way e. Specify new benches and tables for park f. Specify irrigation system and controls for the park g. Specify new climbing boulder and "safe fall" system h. Specify tree plantings for the park i. Include provisions specific to the grant requirements, to be provided by the City to Engineer j. Provide bid documents to the City, for advertisement k. Provide assistance during the bidding period, answer bidders' questions, and issue addenda if necessary 1. Attend any pre -bid conference, if one is required m. Attend the bid opening n. Make a recommendation regarding award of the bid to contractor 4. The scope of work does not include providing construction services such as inspection and testing at this time. These services could be provided for an additional fee. 5. The lump sum engineering fee is hereby increased from the original $2,450 to $7,000, less the $2,000 donation made, for a new total net cost to the City of $5,000. 1 Except as specifically amended herein, the the Parties shall be bound by all terms and IN WITNESS WHEREOF, the parties first above written. CITY OF BOZEMAN By: ATTEST: Stacy ENGINEER By: Davi y ailo zeman Cjei'k i.� 01/ 6.4 rawfo 4 P.E. Thomas, Dean Hoskins, Inc. Its: Vice President ATTEST: original agreement shall remain in full force and effect and conditions therein. hereto do make and execute this Agreement on the day and year 2