HomeMy WebLinkAboutResolution 4166 Alteration/Modification of Contract with Envirocon, Inc.COMMISSION RESOLUTION NO. 4166
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH
ENVIROCON INC., MISSOULA, MONTANA.
WHEREAS, the City Commission did, on the 13th day of October 2008, authorize the City
Managerto utilized the Alternative Delivery Method to award the bid forthe CMC East Main Depot Asbestos
Cleanup, to Envirocon, Inc., Missoula, 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 Envirocon Inc., as contained in Change Order No. 2, 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 AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular
session thereof held on the 11th day of May 2009.
~~
Kaaren Jacobson, or
ATTEST:
Stacy Im n
City Cler
TO FORM:
Sullivan
Attorney
!.; ~ ,~.
CHANGE ORDER
No. 002
DATE OF ISSUANCE 4/20/2009 EFFECTIVE DATE 4/1/2009
OWNER City of Bozeman
Contract: Envirocon Contract No. 1476801
Project: CMC East Depot VCP
ENGINEER Tetra Tech
CONTRACTOR Envirocon, Inc.
OWNER's Contract No. _
ENGINEER's Contract No.
You are directed to make the following changes in the Contract Documents:
Description: Engineer requested change in project specifications
Reason for Change Order: Changes in the Work per MPWSS General Condition 10.1. Envirocon will prosecute the
Change Order work in good faith and best efforts such that there is no increase in time for completion or costs in
addition to those agreed to herein. However, Envirocon reserves the right to additional time and/or compensation if and
when substantiated to have been a direct consequence of the Work under this Change Order.
Attachments: Envirocon letter to Engineer with scope of work, pricing and assumptions. Drawing 9 rev 1 and
Drawing 10 rev ] .
CHANGE IN CONTRACT PRICE:
Original Contract Price
$ 1,261,598.97
Net Increase (Decrease) from previous Change
Orders No. 1 to I
$ 3,100.00
Contract Price prior to this Change Order:
$ 1,264,698.97
Net increase (decrease) of this Change Order:
$ 37,000.00
Contract Price with all approved Change Orders:
$ 1,301,698.97
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Contractor certifies and agrees that there are no additional costs or claims for extra work, additional time, delays or
omitted items, of any nature whatsoever, associated with the subject change order items, except as identified and set
forth herein and unless expressly stated otherwise in the Change Order. And further, that the price agreed-upon herein
represents the "t `~ cost and value for the subject work performed and the materials supplied under the terms of the
contract an ~t the ities and value were properl determined and are correct.
,~,
CONT~~RACTOR (Authorized Signature) ate
RECOMMENDED BY: A~'P OVE I~Y-
(ENGINEER - Signat •e) D to OW ER (Autho ' d Signature) Date
Page 1 of 1
ENVIROCON, INC.
101 International Way
P.O. BOX 16655
MISSOULA, MT 59808-6655
(406) 523-1150
(406) 543-7987 FAX
www.envirocon.com
Matthew Culpo, Project Engineer
Tetra Tech
303 Irene Street
Helena, MT 59601
Envirocon, Inc.'s proposed cost to furnish and install 241 LF of 6' pan drain, 324 LF of
12' PVC storm sewer pipe, 324 LF perforated drain pipe, and 1 standard square storm
inlet, as per Wallace Avenue Drainage Improvements Drawings #9 and #10 Bozeman,
MT (attached) is Lump Sum $37,000.00. These costs are for the additional resources
associated with the improvements outside the scope of the existing contract. Additional
costs associated with this change order will be charged against existing Contract line
items, such as asphalt, disposal, etc., as necessary. The impact to the project schedule
is not determinable, but Envirocon reserves the right to additional days and any
additional costs incurred therefor.
Sincerely,
Electronic Signature
Leonard Pickett, Project Manager
A LNashing~on Cor-npeny ~~
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Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Dustin Johnson, Project Engineer
Chris Kukulski, City Manager
SUBJECT: CMC East Main Depot Asbestos Cleanup Contract Change Order #2
Wallace Avenue Street Improvements
MEETING DATE: May 11, 2009
RECOMMENDATION: The Commission to make a motion to adopt.
BACKGROUND: On October 13"' 2008, Commission authorized the City Manager to utilize the
alternative delivery method for awarding the contract for the CMC East Main
Depot Asbestos Cleanup. On March 16"', 2009 a contract with Envirocon Inc,
was signed and executed. The contract was for $1,261,5978.97. In negotiations
with DEQ it was agreed that they would reimburse the City 79% of all qualified
costs of the cleanup.
Once the properties on the East side of Wallace Avenue that were impacted by
the cleanup were cleaned, it was observed by the engineer that there were serious
drainage issues on that street frontage. The consultant engineer discussed this
with the DEQ and it was decided that it would be beneficial to address the
drainage issues with this project. This project originally called for simply milling
and overlaying pavement for Wallace Avenue. Without these modifications,
storm water will continue to pond and degrade the new asphalt and neighboring
lots. The DEQ has agreed that this change order is eligible for the 79%
reimbursement.
FISCAL EFFECTS: The entire $37,000.00 change order will be included with the costs of the
CMC cleanup and will be eligible for the 79% reimbursement.
ALTERNATIVES: Approve Change Order No. 2 as detailed below.
Respectfully submitted,
Dustin Johnson, Project Engineer Chris A. Kukulski, City Manager
cc: Stacy Ulmen w/orig. enclosures
Project File
Attachments: Change Order No. 2 (3 original copies)
Commission Resolution No. 4166
Report compiled on 5/5/09