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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dustin Johnson, Project Engineer
Chris Kukulski, City Manager
SUBJECT: Mandeville Master Plan, Professional Services Agreement Amendment No. 1
MEETING DATE: May 22, 2006 Consent Agenda
BACKGROUND: Attached are three (3) original signature copies (Devin Harbour cc only) of the
partially executed Professional Services Agreement for the above referenced
project.
The agreement is for ThinkTank Design Group Inc. to provide further
consultation to the City on future use of the Mandeville Farm Property. This
work will include but not limited to; continue negotiations and evaluations of
land for potential end users, determine site suitability and feasibility of
establishing a transfer and shipping port facility, and manage and coordinate with
the City for the creation of an industrial tax increment finance district. The
contract extension is based off time and materials and not to exceed the amount
of $20,000.00.
RECOMMENDATION: Authorize the City Manager to sign the Professional Services Agreement for
the master planning Mandeville Farm property.
FISCAL EFFECTS: The project will be funded through the solid waste disposal fund.
ALTERNATIVES: As may be suggested by the City Commission.
Respectfully submitted,
_________________________________ ____________________________
Dustin Johnson, Project Engineer Chris A. Kukulski, City Manager
Attachments: Professional Service Agreements (3 copies)
Report compiled on 5/12/06
cc: Devin Harbour w/orig. enclosures
Project File / Dustin Johnson
Amendment No. 1 to Professional Services Agreement
For City of Bozeman Mandeville Farm Masterplan
THIS AGREEMENT is made as of this ________ day of _______________________,
2006, between THE CITY OF BOZEMAN, a Municipal Corporation, Bozeman,
Montana, herein referred to as OWNER and THINKTANK DESIGN GROUP INC.,
herein referred to as DESIGNER.
WHEREAS, the parties have entered into a Professional Services Agreement dated
November 7, 2005, 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:
ARTICLE 1 - DESIGN SERVICES
Added to Section 1 of the Original Agreement is the following:
1.2. The detailed description of the additional requested work to be performed specific
to this project’s components is described as follows:
1. Provide consulting services to determine the amount of land asset the City of
should retain for future use.
2. Continue negotiations and evaluations of land for potential end users.
3. Determine site suitability and feasibility of establishing a transfer and
shipping port facility on the property.
4. Manage and coordinate with the City the creation of a Tax Increment
Financing Industrial District.
5. Revisions and updates to the projects financial Performa.
6. Project management services including but not limited to coordination with
engineering firms, planning officials, and public presentations as reasonably
required in the interest of the project.
ARTICLE 6 – COMPENSATION FOR DESIGN SERVICES
Section 6.1.1, 6.1.2, and 6.1.3 of the original agreement is replaced with the following:
6.1.1 Payment. The OWNER shall for design phase services performed as
Basic Engineering Services under section 1.2 of this agreement pay for time and
materials of the DESIGNER not to exceed the amount of $20,000 for such services
without the approval of the OWNER.
6.1.2 Payment Schedule. This section will be removed.
6.1.3 General. DESIGNER may submit monthly statements for services
rendered. The statements shall be based upon hourly rates as specified in section 7.2 and
the cost of any materials.
Except as specifically amended herein, the original agreement shall remain in full force
and effect and the Parties shall be bound by all terms and conditions therein.
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement on the
day and year first above written.
CITY OF BOZEMAN
By:_________________________________
ATTEST:
___________________________
Devin Harbour
Acting Clerk of Commission
APPROVED AS TO FORM
By:_________________________
City Attorney
DESIGNER
By:______________________________________
Its:______________________________________
ATTEST:
By:___________________________________