HomeMy WebLinkAboutResolutions 2025-78 - Authorizing Change Order 1 with The Third Element, Inc. for Water Reclamation Facility Motor Control CenterVersion April 2020
RESOLUTION 2025-78
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH
THE THIRD ELEMENT, INC., BOZEMAN, MONTANA
WHEREAS, the City Commission did, on the August 12, 2025, authorize award of the
construction bid for the Bozeman WRF MCC Installation Project to The Third Element, Inc., Bozeman, 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 The Third Element, Inc., as contained in Change
Order No. 1, attached hereto, be and the same 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.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 9th day of December, 2025.
___________________________________
TERRY CUNNINGHAM
Mayor
Docusign Envelope ID: 6A632AFC-97DE-4ADA-B087-B86CEA6F2B9F
Version April 2020
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
Docusign Envelope ID: 6A632AFC-97DE-4ADA-B087-B86CEA6F2B9F
November 24, 2025
City of Bozeman
Brian Heaston
Senior Engineer
20 E. Olive St. P.O. Box 1230
Bozeman, MT 59771
Re: Bozeman WRF MCC Installation Contract Change Order # 1
Dear Mr. Heaston:
Enclosed please find Change Order No. 1 for the WRF MCC Installation Contract. This Change
Order decreases the total Contract Price by $45,171.46, resulting in a new total Contract Price of
$494,301.54. The adjustment reflects the deduction of Procurement Contract Pay Application #1,
which was received and approved by the Owner prior to award of the Installation Contract.
Please review and return an executed copy for our records.
Contact Cost Calculation:
Adjusted Contact Amount Calculation: Procurement Contact – Pay App # 1 + Installation
Contract
Description Cost
Procurement Contact $ 475,489.00
Pay App # 1 $ 45,171.46
Installation Contact $ 63,984.00
Adjusted Contract Amount $ 494,301.54
Sincerely,
AE2S
James Sletten
Senior I&C Specialist
Attachments:
Bozeman WRF MCC Installation - Change Order # 1
Bozeman WRF MCC - Pay App #1
Docusign Envelope ID: 6A632AFC-97DE-4ADA-B087-B86CEA6F2B9F
00 63 63 - 1
Bozeman, Montana Change Order Form
Change Order
No. _1_________
Date of Issuance: November 24, 2025 Effective Date:
Project: Bozeman WRF MCC Installation Owner: City of Bozeman Owner's Contract No.: WW121
Contract: Bozeman WRF MCC Installation Contact Date of Contract: October 8, 2025
Contractor: The Third Element, Inc. Engineer's Project No.: P05097-2022-012
The Contract Documents are modified as follows upon execution of this Change Order:
Description: This Change Order decreases the total Contract Price by $45,171.46, resulting in a new total Contract
Price of $494,301.54. All other terms and conditions of the Contract remain unchanged.
Pay Application #1 was received just prior to bidding, resulting in an adjustment to the contract price; this Change
Order reflects that adjustment
Attachments: (List documents supporting change):
1. Pay Application # 1
CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES:
Original Contract Price: Original Contract Times: Working days Calendar days
Substantial completion (days or date):
$ 539,473 Ready for final payment (days or date):
[Increase] [Decrease] from previously approved Change
Orders No._0__________ to No._1__________:
[Increase] [Decrease] from previously approved Change Orders
No.____________ to No.____________:
Substantial completion (days):
$ 45,171.46 Ready for final payment (days):
Contract Price prior to this Change Order: Contract Times prior to this Change Order:
Substantial completion (days or date):
$ 539,473 Ready for final payment (days or date):
[Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order:
Substantial completion (days or date):
$ 45,171.46 Ready for final payment (days or date):
Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:
Substantial completion (days or date):
$ 494,301.54 Ready for final payment (days or date):
RECOMMENDED: ACCEPTED: ACCEPTED:
By: By: By:
Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature)
Date: November 24, 2025 Date: Date:
Approved by Funding Agency (if applicable):
NA Date:
11/24/2025
Docusign Envelope ID: 6A632AFC-97DE-4ADA-B087-B86CEA6F2B9F
12/10/2025
July 22, 2025
Brian Heaston – Senior Engineer
City of Bozeman
20 E. Olive St.
Bozeman, MT 59771
bheaston@bozeman.net
Re: Bozeman WRF Upgrade – Contractor’s Application for Payment No. 1
Dear Brian:
AE2S recommends Payment to The Third Element, Inc for the payment requested in Pay Application No.1.
Pay Application 1 covers receipt of approval of shop drawings and samples. Please find payment
summaries listed in the tables below.
Table 1: Current Payment Due - Application for Payment No. 1.:
Pay App Amount Due to Contractor
Total Contact Amount
TOTAL
No. 1 $45,171.46 $475,489 $45,171.46
Table 2: Payment History
None
We sincerely appreciate the opportunity to provide professional engineering services to the City of
Bozeman. Should you have any questions or concerns, please do not hesitate to contact us.
Sincerely,
James Sletten, PM – I&C Senior Specialist
Encl.: Bozeman WRF MCC Upgrade: Contractor’s Application for Payment No. 1
Docusign Envelope ID: D45CFB96-A3FB-436F-A05F-6BDDF3368489Docusign Envelope ID: 6A632AFC-97DE-4ADA-B087-B86CEA6F2B9F
July 22, 2025
$ 45,171.46
620-5610-445.80-20; WW121
$45,171.46
Docusign Envelope ID: D45CFB96-A3FB-436F-A05F-6BDDF3368489Docusign Envelope ID: 6A632AFC-97DE-4ADA-B087-B86CEA6F2B9F
Docusign Envelope ID: D45CFB96-A3FB-436F-A05F-6BDDF3368489Docusign Envelope ID: 6A632AFC-97DE-4ADA-B087-B86CEA6F2B9F
Certificate Of Completion
Envelope Id: 6A632AFC-97DE-4ADA-B087-B86CEA6F2B9F Status: Completed
Subject: Complete with Docusign: G.6 Resolution 2025-78_CO_No._1_WRF_MCC_Install_20251124.pdf
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Secretary/Treasurer
City of BOzeman
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Electronic Record and Signature Disclosure created on: 7/9/2018 4:06:02 PM
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