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HomeMy WebLinkAboutResolutions 2026-37 - APPROVING ALTERATION/MODIFICATION OF THE CONTRACT WITH MJD CONTRACTING LLC FOR THE BOZEMAN SOURDOUGH TANK IMPROVEMENTS PRESOLUTION 2026-37 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF THE CONTRACT WITH MJD CONTRACTING LLC FOR THE BOZEMAN SOURDOUGH TANK IMPROVEMENTS PHASE I PROJECT WHEREAS, the City Commission did, on the 21st of August, 2025, authorize award of the construction bid for the Bozeman Sourdough Tank Improvement Phase I Project to MJD Contracting LLC. of Clancy, 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 MJD Contracting LLC, 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 12th of May, 2026. ___________________________________ JOEY MORRISON Mayor ATTEST: Docusign Envelope ID: 48EFBFBC-4778-83B5-815C-258D796AB772 ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney Docusign Envelope ID: 48EFBFBC-4778-83B5-815C-258D796AB772 May 12, 2026 Docusign Envelope ID: 48EFBFBC-4778-83B5-815C-258D796AB772 5/14/2026 April 24, 2026 Griffin Nielsen, PE | Engineering/Utilities Department 20 E Olive Street Bozeman, MT 59715 gnielsen@bozeman.net Re: Recommendation for Execution of Final Balancing Change Order Dear Mr. Nielsen: As part of the contract administration and project closeout process, we have prepared the final balancing Change Order for your review and execution. This Change Order reflects the reconciliation of final contract quantities and costs and formally incorporates the following items into the Contract: • Work Change Directive No. 1: Additional 24-inch butterfly valve replacement to allow the Owner to keep the tank isolated for the Contractor’s Work while delivering water to the distribution system through the emergency bypass line. The need for this change arose after identifying a critical break in the 24” transmission main connected to Sourdough Tank. • Work Change Directive No. 2: Alleviating the Contractor from the responsibility to install the new ladder and directing the Contractor to deliver the ladder to the Owner for future installation. This directive removed a critical path obstacle allowing the Contractor to complete its Work and the Owner to prioritize other projects and priorities in the distribution system dependent upon the Contractor’s completion. • Contract Time Adjustment (Substantial Completion): Addition of 36 days based on evaluation of the Contractor’s request and entitlement under the Contract Documents. • Contract Time Adjustment (Final Completion): Addition of 98 days associated with Owner-directed work under Work Change Directive No. 2. • Owner Set-Off for Liquidated Damages: Assessment for 8 days of delay between the contractual date for Substantial Completion and the date of the Contractor’s Certificate of Substantial Completion, as determined following review of the Contractor’s schedule and delay impacts and assessed at the Owner’s direction. Execution of this document is a required step to allow project closeout to proceed. We have reviewed the Change Order and find it to be consistent with the project records and recommend that the Owner execute the document at this time. Please let us know if you have any questions. Otherwise, we will proceed with closeout activities upon receipt of the fully executed Change Order. Should you have any questions or concerns, please do not hesitate to contact me: (m) 406-579-5104; (e) brian.viall@ae2s.com. Sincerely, Brian J. Viall, PE Project Manager Docusign Envelope ID: 48EFBFBC-4778-83B5-815C-258D796AB772 Certificate Of Completion Envelope Id: 48EFBFBC-4778-83B5-815C-258D796AB772 Status: Completed Subject: Complete with Docusign: SD_Tank_Improvements_Ph_I-_CO_1-Resolution 2026-37.pdf, SD_Tank_Improve... Source Envelope: Document Pages: 4 Signatures: 4 Envelope Originator: Certificate Pages: 6 Initials: 0 Alex Newby AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) Stamps: 2 alex.newby@bozemanmt.gov IP Address: 155.190.9.6 Record Tracking Status: Original 5/13/2026 11:15:39 AM Holder: Alex Newby alex.newby@bozemanmt.gov Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Signer Events Signature Timestamp Greg Sullivan greg.sullivan@bozemanmt.gov City of Bozeman Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 155.190.3.5 Sent: 5/13/2026 11:21:43 AM Viewed: 5/13/2026 1:17:50 PM Signed: 5/13/2026 1:17:59 PM Electronic Record and Signature Disclosure: Accepted: 5/13/2026 1:17:50 PM ID: 9085b2ae-353c-42d3-b02d-da4d1c41232b Joey Morrison joey.morrison@bozemanmt.gov Mayor Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 2600:100e:b035:5916:3588:d17a:17d8:233c Signed using mobile Sent: 5/13/2026 1:18:01 PM Viewed: 5/13/2026 4:01:10 PM Signed: 5/13/2026 4:01:19 PM Electronic Record and Signature Disclosure: Accepted: 5/13/2026 4:01:10 PM ID: c68e3769-d48a-41c0-a961-6193149974c7 Chuck Winn chuck.winn@bozemanmt.gov City Manager 15 Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 2600:100e:b091:9064:e0bc:23d8:2cd1:74bc Signed using mobile Sent: 5/13/2026 4:01:20 PM Viewed: 5/14/2026 9:03:57 AM Signed: 5/14/2026 9:04:12 AM Electronic Record and Signature Disclosure: Accepted: 5/14/2026 9:03:57 AM ID: 74e32b67-5872-40b2-bab5-bccc998999be Signer Events Signature Timestamp Mike Maas mike.maas@bozemanmt.gov City Clerk City of Bozeman Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 208.94.236.114 Sent: 5/14/2026 9:04:14 AM Viewed: 5/14/2026 9:15:22 AM Signed: 5/14/2026 9:15:37 AM Electronic Record and Signature Disclosure: Accepted: 8/23/2022 2:22:44 PM ID: b1bb90fd-5db8-4a5f-9451-9536f39ef003 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Griffin Nielsen griffin.nielsen@bozemanmt.gov Security Level: Email, Account Authentication (None) Sent: 5/13/2026 11:21:42 AM Viewed: 5/14/2026 7:29:08 AM Electronic Record and Signature Disclosure: Not Offered via Docusign Michelle Chapel michelle.chapel@bozemanmt.gov Records Coordinator City Bozeman Security Level: Email, Account Authentication (None) Sent: 5/14/2026 9:15:39 AM Electronic Record and Signature Disclosure: Accepted: 2/24/2026 9:38:21 AM ID: 1fa4538c-9b38-40d2-9e1a-390aa0445f47 Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/13/2026 11:21:42 AM Envelope Updated Security Checked 5/13/2026 3:50:41 PM Envelope Updated Security Checked 5/13/2026 3:50:41 PM Envelope Updated Security Checked 5/13/2026 3:50:41 PM Envelope Updated Security Checked 5/13/2026 3:50:41 PM Certified Delivered Security Checked 5/14/2026 9:15:22 AM Signing Complete Security Checked 5/14/2026 9:15:37 AM Completed Security Checked 5/14/2026 9:15:39 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City Manager (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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