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HomeMy WebLinkAboutResolution 4703 Approving Alteration-Modification of Contract with CK May for LFG-SVE Treatment System at the Story Mill LandfillCOMMISSION RESOLUTION NO. 4703 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH CK MAY, BELGRADE MONTANA. WHEREAS, the City Commission did, on the 7th day of December, 2015, authorize award of the bid for the LFG/SVE Treatment System at the Story Mill Landfill, to CK May Excavating, Belgrade, Montana; and WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any such alterations or modifications of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations or modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alterations to the contract between the City of Bozeman, a municipal corporation, and CK May Excavating, as contained in Change Order Number 1, attached hereto, being necessary to the work are hereby approved; and the City Manager is hereby authorized and directed to execute the contract Change Order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. 1 of2 Resolution No. 4703, Change Order No. 1 for SVEILFG Treatment System PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 25th day of July, 2016. CARSO~¥= Mayor ATTEST: 2 of2 No. 1 PROJECT TITLE: City of Bozeman Landfill LFG/SVE System CONTRACT DATE: January 18, 201 _________________________ _ Change Orders must include an itemized cost breakdown. You shall comply with the following changes from the Contract Documents. (Show separate costs for materials, labor, equipment, and miscellaneous. Show percent where applicable.) Cost Of Changes Contract Item No. Description Change Materials Labor Equipment Cost WD-1 2863.35 WD-2 0.00 WD-3 13,980.34 WD-4 WD-5 2,338.64 WD-6 2,061.73 9,680.03 Total Cost for WDi-6 30,924.09 Cost Of Changes Contract Item No. Description Change Materials Labor Equipment Cost Compressor CO-·! Changes 64,366.75 and House Total Cost for Change Order No. 1 64,366.75 I Rev 6/04 Cost this Change Order(+ or-): $95,290.84 New Contract Price including this Change Order: $1,120,523.84 The completion date as set forth in the Contract Documents shall be increased by ~ calendar days. The date for completion of all work will be August 10, 2016 Description and Justification for Change: This Change Order No. 1 incorporates Work Directive Change Nos. 1 through 6 which together add 12 days to the contract completion date. Change Order No. 1 also incorporates the addition of an engineered enclosure with heating and ventilating for the proposed compressor, receiver and dryer machinery and adds 35 calendar days to the contract completion date. SURETY CONSENT The Surety hereby consents to the aforementioned Contract Change Order and agrees that its bond or bonds shall apply and extend to the Contract as thereby modified or amended per this Change Order. The Principal and the Surety further agree that on or after execution of this consent, the penalty of the applicable Performance Bonds or Bonds is hereby increased by $ $95,290.84 (100 percent of the Change Order amount) and the penalty of the applicable Labor and Material Bond or Bonds is hereby increased by $ $95,290.84 (100 percent of the Change Order amount). COUNTERSIGNED BY MONT ANA RESIDENT AGENT SURETY Merchants Bonding Company (Mutual) .. 1 . d Sea\ D191tal y, 1gne by: larry.caw field@tetratech.com ON: CN = larry.cawlfield@tetratech.com Date: 2016.06.24 15:08:01 -07'00' Date ~ (z~/tfo Accepted b ,· _.o.,._.,.:;,,:...:..__~------"-L--"-""'--------------------....:_-..-::___ Date Rev. 6/04 BONDING COMPANY., Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Carly Schneidenbach; Kelly L Tenold; Ryan Elliott; Spencer Fred Thomas; Tyler McIntyre their true and lawful Attorney(s}-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State a/Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner-Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 4th day of September 2015 MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC, By STATE OF IOWA COUNTY OF Dallas ss. President On this 4th day of September , 2015 , before me appeared Larry Taylor, to me personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors commission instrument) I, William 'Namer, Jr .. Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, ll~C, do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, wl1ich is slill in full force and effect and has not been amended or revoked. In VVitnAss \/\/hicreof I have here1mto set my hand and affixed the seal of the Companies on this 28th day of Secretary POA 001 5) 2016