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HomeMy WebLinkAbout09-12-16 CC Mtg - C9. Construction Contract - DLM - Bozeman Pond Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Carolyn Poissant – Trails, Open Space, and Park Development Manager Mitch Overton – Director of Parks and Recreation SUBJECT: Amendment No. 1 to Construction Contract Agreement for Bozeman Pond Park Expansion TOP Project MEETING DATE: September 12, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to sign the Amendment No. 1 to the Construction Contract Agreement with DLM Contracting, Inc. for the Bozeman Pond Park Expansion project in the amount of $470,420 plus $25,784.95 for a contract total of $496,204.95. BACKGROUND: Resolution No. 4494 approved the allocation of Trails, Open Space and Parks (TOP) bond funding in an amount not to exceed $1,045,000 for the acquisition of park land and development of the Bozeman Pond Park Expansion Project. The land purchase was completed in 2014 for $607,100 leaving $437,900 for construction of park improvements. An additional $250,000 was approved in the amendment to Resolution 4618. The original contract amount of $470,420 was awarded on March 21, 2016. All of the work included in the subject change orders was incidental to the approved scope of services, incompliance with the approved site plan. No additional funding is required. The project was completed within the budget approved by Commission. UNRESOLVED ISSUES: None. ALTERNATIVES: Per Commission. FISCAL EFFECTS: This amendment to the agreement will authorize payment to the Contractor for completion of all the work. No additional funding is required. ATTACHMENTS: Attachment A – Amendment No. 1 to Agreement with DLM Contracting, Inc. for Bozeman Pond Park Expansion project Report compiled on August 24, 2016 109 1 ATTACHMENT A Amendment No. 1 to Construction Contract with DLM Construction, Inc. for Bozeman Pond Park Expansion Trails, Open Space, and Parks Bond Project THIS AGREEMENT is made as of this ____ day of __________________, 2016, between THE CITY OF BOZEMAN, a Municipal Corporation, P.O. Box 1230 Bozeman, Montana, 59771-1230 (CITY) and DLM Contracting, Inc. whose address is 2066 Stadium Drive, Unit 201, Bozeman, Montana, 59715 (CONTRACTOR). WHEREAS, the parties have entered into an Agreement dated March 21, 2016 for construction services for the Bozeman Pond Park Expansion Project; and WHEREAS, revisions to the scope of services are necessary to complete the Project in accordance with the Master Plan approved by Commission; 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: The conditions and provisions set forth in Amendment No. 1 to Scope of Services for Bozeman Pond Park Expansion Project (“Exhibit A”) are hereby incorporated in and made part of this agreement. Article 3 – Contract Price: Article 3 of the original agreement is modified to include $470,420 plus $25,784.95, for a contract total of $496,204.95 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. 110 2 IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement. CITY OF BOZEMAN DLM CONTRACTING, INC. BY: __________________________________ BY:_______________________________ Chris Kukulski City Manager Authorized Signatory DATE:________________________________ DATE:____________________________ ATTEST: BY:____________________________________ Robin Crough City Clerk 111 3 EXHIBIT A Additional Scope of Services 112