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HomeMy WebLinkAboutResolution 4216 Modification of Contract with Trapper Peak Co.COMMISSION RESOLUTION NO. 4216 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH TRAPPER PEAK CONSTRUCTION INC., WILLOW CREEK, MONTANA. WHEREAS, the City Commission did, on the 11th day ofNovember 2008, authorize award of the bid for the Landfill Final Closure project, to Trapper Peak Construction, Inc., Willow Creek, 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, Trapper Peak Construction Inc., as contained in Change Order No. 3 attached hereto, 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 9th day of November 2009. KAAREN JACOBCON Mayor ATTE ^^ , ':s a, • fir' r i'� ♦� . iy • - ���' r: • U. �* C' ler% . • ♦�~ NIQUI IGIN I NIM"rfr• : �►M SULLIVA Attorney Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Dustin Johnson, Project Engineer Debbie Arkell, Director of Public Services Chuck Winn, Assistant City Manager SUBJECT: Landfill Final Closure Contract Change Order #3 MEETING DATE: November 9, 2009 AGENDA ITEM TYPE: Consent Agenda RECOMMENDATION: Authorize City Manager to sign Landfill Final Closure Contract Change Order #3, increasing the amount of the Final Closure Contract by $130,450 for a total contract price of $546,280. BACKGROUND: On November 1 l 2008, the City Commission authorized award of the bid for the Landfill Final Closure project to Trapper Peak Construction, Inc. The original contract price for the landfill final closure was $304,600. Change Order #1 for this contract was for the construction of an asbestos disposal pit at the landfill for the asbestos cleanup project along S. Wallace Ave. This Change Order was approved by the Commission on February 17, 2009. All of change order #1 was funded through asbestos cleanup project funding and has since been reimbursed from the state for 79% of the cost. Change Order #2 was a net increase of $54,100. This Change Order was approved by the Commission on August 31, 2009. The final closure of the landfill is nearing completion and the City requested that additional work items be included in Change Order #2. These additional items included placing additional soil on the east side of the landfill, the reclamation of the City's borrow area, and the till of the Class IV rill. The additional work will help assure that the landfill will be closed in a manner that meets all state and federal guidelines. Change Order #3 is a net increase of $130,450. $130,000 of the change order is for reclamation of the asbestos disposal pit that was constructed with change order #1 of this contract. To prevent a situation in which the City ran out of capacity to dispose of asbestos contaminated soil, the DEQ required the City to construct a disposal pit larger than the estimated volume of material. Once the asbestos cleanup was completed the disposal pit was utilized for other purposes such as disposal of debris from the downtown explosion site. The majority of costs to close and reclaim the pit will be eligible to be reimbursed from the State at the same rate that change order #1 was. Any remaining costs that are not reimbursed from the DEQ for the closure of asbestos pit will be covered by the solid waste department. Original final closure costs were estimated to be about $1,000,000. The closure of the landfill was divided into two separate phases. The first phase of closure cost was $160,970 and the second phase (the current contract) is now at $358,700. Including engineering, as of today the total closure cost is at $559,670. There remain a few close out items in the engineering professional services agreement for the landfill contract. All told, the closure contract for the landfill will be well below the original estimate. The current closure /post - closure account balance is at $1,698,335.72 before any costs incurred from this change order. FISCAL EFFECTS: The entire project will be funded through the Solid Waste Landfill Closure /Post- Closure Fund. • Original Contract Amount $304,600 • Change Order #1 (funded through asbestos cleanup) + 57,130 • Change Order #2 + 54,100 • Change Order #3 (funded through asbestos cleanup) +130,450 • Total Contract Amount (asbestos projects included) $546,280 • Total Solid Waste Contract Amount ALTERNATIVES: $358,700 Attachments: Change Order #3 Commission Resolution 4216 As suggested by the City Commission. Report compiled on: 11/4/09 � � Y CHANGE ORDER No. 3 (Revised) DATE OF ISSUANCE October 30, 2009 EFFECTIVE DATE OWNER Citv of Bozeman CONTRACTOR Trapper Peak Construction Inc. Contract: City of Bozeman Landfill Phase 2 Closure Project Project: City of Bozeman Landfill Phase 2 Closure Project OWNER's Contract No. ENGINEER Great West Engineering ENGINEER's Contract No. 2 -85 -00069 You are directed to make the following changes in the Contract Documents: Description: Asbestos Pit Reclamation • $130,000 Lump Sum for Asbestos Pit Infill as negotiated between City of Bozeman and Contractor (Trapper Peak Construction, Inc.). Asbestos Pit Cover Depth Determination This portion of the work required the use of Trapper Peak's 330 Excavator to excavate test pits to the top of waste to determine the depth of cover over the waste. This operation took place in 2 hours at a price of $225/hour for a total cost of $450.00. Reason for Change Order: The Asbestos Pit Reclamation and the Asbestos Pit Cover Depth Determination were additional work items requested by the City. Attachments: (List documents supporting change) Project Update letter to Dustin Johnson, Asbestos Pit Fill Quantity & Cost Justification letter to Dustin Johnson CHANGE IN CONTRACT PRICE: Original Contract Price $ 304,600 Net Increase (De6Fease) from previous Change Orders No. 1 to 2 $ 111 230 Contract Price prior to this Change Order: $ 415,830 Net increase (deefease) of this Change Order: $ 130 450.00 Contract Price with all approved Change Orders: $ 546 280.00 CHANGE IN CONTRACT TIMES: Original Contract Times: Substantial Completion: 105 calendar days Ready for final payment: ( days or dates Net change from previous Change Orders No. 1 to No. 2 : Substantial Completion: 65 calendar days Ready for final payment: ( days ) Contract Times prior to this Change Order: Substantial Completion: 170 calendar day Ready for final payment: ( days or dates Net increase (deemase) this Change Order: Substantial Completion: 30 calendar days Ready for final payment: (days) Contract Times with all approved Change Orders: Substantial Completion: 200 _calendar days Ready for final payment: (days or dates) 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 full cost and value for the subject work performed and the materials supplied under the terms of the contract and that the work quantities and value were properly determined and are correct. Page 1 of 3