HomeMy WebLinkAbout06-19-17 City Commission Packet Materials - C7. Res. 4806, Amendment 1 with Highland for Boz Creek Enhancements
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: Resolution 4806 - Amendment No. 1 to Construction Agreement for
Bozeman Creek Enhancements at Bogert Park TOP Project
MEETING DATE: June 19, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Resolution 4806 for Amendment No. 1 to the Construction
Agreement with Highland Construction Services, LLC for the Bozeman Creek Enhancement at
Bogert Park TOP project for the amount of $39,778.71 for a new contract total not to exceed
$483,683.71 and authorize the interim city manager to sign the amendment
BACKGROUND: Resolution 4492 approved the allocation of Trails, Open Space and Parks (TOP) bond funding in an amount of $440,000 for the design and construction of stream channel
enhancements along approximately 800 feet of the Bozeman Creek through Bogert Park to return
it to a more ecologically sustainable condition, adding floodplain, hydraulic flow controls, and
stabilizing vegetation to eliminate bank scouring. Improvements include a new pedestrian bridge,
a barrier-free seating area and fishing platform near the Bogert pavilion, a new swingset, and trail connections. The widened creek bed enhances the safety and function of the creek by reducing
stream velocity during annual spring run-off and providing healthier habitat for fish and wildlife.
The total project budget is $707,000. Additional funds were provided by several reimbursable
grants: $100,000 from Montana Department of Natural Resources and Conservation (DNRC) and
$117,000 in grants from partnering agencies, including the Friends of Bogert Park ($10,000); GVLT ($12,000); Montana Fish, Wildlife, and Parks ($30,000); Montana Recreational Trails
($45,000); and $20,000 from the 2014 City of Bozeman Park Improvement Grant unallocated
balance. Commission approved an additional $50,000 as project contingency via Resolution 4718.
Bids were obtained on August 2, 2016 and a Notice of Award for the construction contract agreement was executed with Highland Construction Services, LLC, the lowest responsible bidder, for a base contract price of $443,905. A number of relatively minor, but unforeseen work
needs, as delineated on Attachment A – Exhibit A, have developed which require the construction
contract amount to be amended. The total for the change order is $42,278.71for a new total
contract price of $486,183.71, leaving a project balance of $19,358. We will utilize the remaining funds to construct a paved apron in front of the Bogert pavilion to better serve park patrons. The
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Friends of Parks organization is willing to contribute an additional $5000 if needed. Currently, the area is dirt and gravel and gets muddy. This work would be designed in-house and completed in the fall after the farmer’s market closes.
UNRESOLVED ISSUES: None.
ALTERNATIVES: Per Commission.
FISCAL EFFECTS: This amendment to the agreement will authorize payment to the Contractor for completion of all the necessary work. No additional funding is required.
ATTACHMENTS:
Resolution 4806
Attachment A – Amendment No. 1 to Agreement with Highland Construction Services, LLC for
Bozeman Creek Enhancement at Bogert Park
Attachment B – Original Executed Agreement
Report compiled: June 12, 2017
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COMMISSION RESOLUTION NO. 4806
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING AMENDMENT NO. 1 TO THE CONTRACT AGREEMENT
WITH HIGHLAND CONSTRUCTION SERVICES, LLC FOR THE BOZEMAN CREEK
ENHANCEMENT AT BOGERT PARK PROJECT
WHEREAS, on August 22, 2016, the City Commission approved the Notice of Award for
sitework and landscaping for the Bozeman Creek Enhancements at Bogert Park project; and
WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any alterations or
modifications of the specifications and/or plans of a contract be made by resolution; and
WHEREAS, additional work beyond the scope of the original contract is necessary to
complete the elements included in the approved site plan and to better serve the public;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that the proposed modification to the contract between the City of Bozeman,
a municipal corporation, and Highland Construction Services, LLC as per Amendment No. 1,
attached hereto, is hereby approved; and the City Manager is hereby authorized and directed to
execute the contract amendment for and on behalf of the City; and the City Clerk is authorized and
directed to attest such signature.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 19th day of June, 2017.
____________________________________
CARSON TAYLOR
Mayor
ATTEST:
________________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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1
ATTACHMENT A Amendment No. 1 to Construction Contract with Highland Construction Services, LLC for
Bozeman Creek Enhancement at Bogert Park
Trails, Open Space, and Parks Bond Project
THIS AGREEMENT is made as of this ____ day of __________________, 2017, between THE
CITY OF BOZEMAN, a Municipal Corporation, whose address is P.O. Box 1230 Bozeman, Montana,
59771-1230 (CITY) and Highland Construction Services, LLC whose address is 7400 Thorpe Road, PO
Box 141, Belgrade, MT 59714 (CONTRACTOR).
WHEREAS, the parties have entered into an Agreement dated September 20, 2016 for
construction services for the Bozeman Creek Enhancement at Bogert Park Project; and
WHEREAS, revisions to the scope of services are necessary to complete the Project in
accordance with the site plan approved by Commission and to best serve the public; 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 Work for Bozeman Creek
Enhancement at Bogert Park Project (“Exhibit A”) are hereby incorporated in and made part of this
agreement.
Article 3 – Contract Price:
Article 5 of the original agreement is modified to include $443,905 plus $42,278.71,
for a contract total of $486,183.71
Except as specifically amended herein, the original agreement shall remain in full force and effect and
the Parties shall be bound by all terms and conditions therein.
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2
IN WITNESS WHEREOF, the parties hereto do make and execute this Agreement.
CITY OF BOZEMAN HIGHLAND CONSTRUCTION SERVICES, LLC
BY: __________________________________ BY:_______________________________
Dennis Taylor Interim City Manager Authorized Signatory
DATE:________________________________ DATE:____________________________
ATTEST:
BY:____________________________________ Robin Crough
City Clerk
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3
EXHIBIT A
Additional Scope of Work
8. ADA bucket seats for 2 swings…………….......$ 1,345.50
9. Electrical adjustments to pump station………… 1,186.50
10. Tree removals………………………………….. 2,500.00
11. Additional excavation and rock work…………. 5,933.02
12. Bridge abutment revisions…………………….. 2,771.17
13. Relocate water line……………………………. 1,820.88
14. Add bridge rail sections………………………. 2,676.45
15. Sod – approx.. 20,000 sf @ 0.60/sf…………… 12,000.00
16. Repair drinking fountain water line…………... 500.00
17. Add gravel in front of pavilion……………….. 500.00
18. Additional playground curb – 50lf @ $20/lf…. 1,000.00
TOTAL………………………………………..…$42,278.71
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Section 00500 – 6th Edition
AGREEMENT
Page 1 of 7
SECTION 00500
AGREEMENT FORM
This Agreement is dated as of the 20th day of September in the year 2016, by and between
The City of Bozeman, hereinafter called "Owner" and Highland Construction Services, LLC,
hereinafter called Contractor. Owner and Contractor, in consideration of the mutual covenants
hereinafter set forth, agree as follows:
Article 1. WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
Bozeman Creek Enhancement at Bogert Park
Article 2. THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a
part is generally described as follows:
Stream channel relocation and enhancement, bridge removal and installation, irrigation and
landscaping, and park improvements in Bogert Park in Bozeman, Montana.
Article 3. ENGINEER
3.01 The Project has been designed by: Confluence Consulting, Inc. (Confluence) who is
hereinafter called Engineer and who is to act as Owner's representative, assume all duties and
responsibilities and have the rights and authority assigned to Engineer in the Contract Documents
in connection with completion of the Work in accordance with the Contract Documents.
Article 4. CONTRACT TIME
4.01 Time of the Essence.
A. All the time limits for milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Days to achieve Substantial Completion.
A. The Work will be substantially complete within 98 calendar days after the date when
the Contract Time commences to run as provided in paragraph 2.03 of the General Conditions.
4.03 Liquidated damages.
A. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement
and that OWNER will suffer financial loss if the Work is not completed within the times specified
in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the
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Section 00500 – 6th Edition
AGREEMENT
Page 2 of 7
General Conditions. The parties also recognize the delays, expense and difficulties involved in
proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not
completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree
that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner one hundred
dollars ($100) for each day that expires after the time specified in paragraph 4.02 for Substantial
Completion until the Work is substantially complete.
Article 5. CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the work in accordance with the Contract
Documents an amount equal to the sum of the established unit price for each separately identified
item of Unit Price Work times the quantity of that item that is constructed and accepted. Unit
prices are those listed in the Unit Price Schedule of the Bid Form attached to this Agreement.
Estimated quantities used for bidding purposes are not guaranteed. Payment will be for actual
quantities as determined by Engineer in accordance with Paragraph 9.07 of the General Conditions.
Unit prices have been computed as provided in paragraph 11.03 of the General Conditions.
Article 6. PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments:
A. Contractor shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by Engineer as provided in the
Contract Documents.
6.02 Progress Payments; Retainage:
A. Owner shall make progress payments in accordance with Article 14 of the General
Conditions on account of the Contract Price on the basis of Contractor's Applications for Payment
as recommended by Engineer, once each month during construction as provided below. All
progress payments will be on the basis of the progress of the Work measured by the number of
units of each bid item completed times the bid unit price in the Unit Price Schedule of the Bid
Form for that item.
1. Prior to Substantial Completion, progress payments will be made in an amount
equal to the sum of the unit price items less the percentage indicated below but, in
each case, less the aggregate of payments previously made and less such amounts
as Engineer may determine or Owner may withhold, in accordance with paragraph
14.02 of the General Conditions.
a. The Owner shall retain five percent (5%) of the amount of each payment
until final completion and acceptance of all Work covered by the Contract
Documents.
b. Retainage will be five percent (5%) of materials and equipment not
incorporated in the Work (but delivered, suitably stored and accompanied
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Section 00500 – 6th Edition
AGREEMENT
Page 3 of 7
by documentation satisfactory to Owner as provided in paragraph 14.02 of
the General Conditions).
2. Upon Substantial Completion and at the Owner’s discretion, the amount of
retainage may be further reduced if requested by the Contractor.
6.03 Final Payment:
A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07
of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended
by Engineer as provided in said paragraph 14.07.
Article 7. INTEREST:
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear
interest at the maximum rate allowed by law at the place of the Project.
Article 8. CONTRACTOR’S REPRESENTATION:
8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents (including all
Addenda) listed in paragraph 9 and the other related data identified in the Bidding Documents
B. Contractor has visited the site and become familiar with and is satisfied as to the general,
local and Site conditions that may affect cost, progress, performance or furnishing of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state and local Laws and
Regulations that may affect cost, progress, performance and furnishing of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or contiguous to the site and all drawings of physical conditions in or relating to
existing surface or subsurface structures at or contiguous to the site (except Underground
Facilities) which have been identified in the Special Provisions as provided in paragraph 4.02 of
the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if
any, at the Site which has been identified in the Special Provisions as provided in paragraph 4.06
of the General Conditions. Contractor acknowledges that such reports and drawings are not
Contract Documents and may not be complete for Contractor's purposes. Contractor
acknowledges that Owner and Engineer do not assume responsibility for the accuracy or
completeness of information and data shown or indicated in the Contract Documents with respect
to Underground Facilities at or contiguous to the site.
E. Contractor has obtained and carefully studied (or assumes responsibility for having done
so) all such additional supplementary examinations, investigations, explorations, tests, studies and
data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to
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Section 00500 – 6th Edition
AGREEMENT
Page 4 of 7
the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or
which relate to any aspect of the means, methods, techniques, sequences and procedures of
construction to be employed by Contractor including applying the specific means, methods,
techniques, sequences and procedures of construction, if any, expressly required by the Contract
Documents to be employed by the Contractor, and safety precautions and programs incident
thereto.
F. Contractor does not consider that any additional examinations, investigations,
explorations, tests, studies or data are necessary for the performance and furnishing of the Work
at the Contract Price, within the Contract Times and in accordance with the other terms and
conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by Owner and others
at the site that relates to the Work as indicated in the Contract Documents.
H. Contractor has correlated the information known to Contractor, information and
observations obtained from visits to the site, reports and drawings identified in the Contract
Documents and all additional examinations, investigations, explorations, tests, studies and data
with the Contract Documents.
I. Contractor has given Engineer written notice of all conflicts, errors, ambiguities or
discrepancies that Contractor has discovered in the Contract Documents and the written resolution
thereof by Engineer is acceptable to Contractor.
J. The Contract Documents are generally sufficient to indicate and convey understanding
of all terms and conditions for performance and furnishing of the Work.
Article 9. CONTRACT DOCUMENTS:
9.01 Contents
Invitation to Bid Section 00100
Instruction to Bidders Section 00200
Bid Form Section 00300
Non-Discrimination Affirmation Form City of Bozeman Form
Corporate Resolution Section 00400
Agreement Form Section 00500
Notice of Award Attachment A
Notice to Proceed Attachment B
Certificates of Insurance A-1 – A-2
Performance Bond A-3 – A-6
Payment Bond A-7 – A-11
Montana Prevailing Wage Rates for Heavy Construction
(Latest Version) Section 00600
Standard General Conditions of the Construction Contract Section 00700
Supplementary Conditions to the General Conditions Section 00810
Contractor’s Application for Payment Form C-620
Certificate of Substantial Completion Form C-625
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Section 00500 – 6th Edition
AGREEMENT
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Work Change Directive Form C-940
Change Order Form C-941
Field Order Form C-942
Order to Suspend Work Form OSW
Order to Resume Work Form ORW
Technical Specifications
Division I – General Requirements
Division II – site Work Specifications
Bozeman Creek at Bogert Park – Final Plans, dated 7/6/16
The documents listed in paragraph 9.01.A. are attached to this Agreement except as
expressly noted otherwise.
There are no Contract Documents other than those listed above in this Article 9.
The Contract Documents may only be amended, modified or supplemented as provided in
paragraphs 3.04 of the General Conditions.
Article 10. MISCELLANEOUS:
10.01 Terms.
A. Terms used in this Agreement which are defined in Article 1 of the General Conditions
will have the meanings indicated in the General Conditions.
10.02 Assignment of Contract.
A. No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party sought
to be bound; and specifically, but without limitation, moneys that may come due and moneys that
are due may not be assigned without such consent (except to the extent that the effect of this
restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
10.03 Successors and Assigns
A. Owner and Contractor each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal representatives
in respect of all covenants, agreements and obligations contained in the Contract Documents.
10.04 Severability
A. Any provision of part of the Contract Documents held to be void or unenforceable under
and Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be
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Section 00500 – 6th Edition
AGREEMENT
Page 6 of 7
reformed to replace such stricken provision or part thereof with a valid and enforceable provision
that comes as close as possible to expressing the intention of the stricken provision.
10.05 Discrimination
A. The Contractor agrees not to discriminate in the fulfillment of this Agreement on the
basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived
sexual orientation, gender identity or disability. The Contractor agrees this requirement shall apply
to the hiring and treatment of the Contractor’s employees and to all subcontracts.
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,
Contractor
By
(Signature) (Signature)
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