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HomeMy WebLinkAbout01-09-17 CC Mtg - C12. Resolution 4754, Max Price Amendment with Dick Anderson for Sports ParkCommission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Carolyn Poissant – Manager of Trails, Open Space, and Parks Design and Development Mitch Overton – Director of Parks and Recreation SUBJECT: Resolution No. 4754 - Guaranteed Maximum Price Amendment No. 1: Maynard Irrigation Pipeline Relocation in the Bozeman Sports Park MEETING DATE: January 9, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Resolution No. 4754 for Guaranteed Maximum Price Amendment No. 1 with Dick Anderson Construction, Inc. for Relocation of the Irrigation Pipeline at the Bozeman Sports Park (“Exhibit A”) for an amount not to exceed $303,761.07. BACKGROUND: Resolution No. 4521 was unanimously approved by the Commission April 14, 2014 for the allocation of Trails, Open Space and Parks (TOP) bond funding in an amount not to exceed $7,500,000 for the acquisition of park land and development of the Bozeman Sports Park Project (“Park Project”), which requires the assistance of a professional design and engineering team. The resolution allocated up to (i) $2,100,000 for the acquisition of approximately 80 acres of park land; (ii) up to $1,788,000 for infrastructure improvements as stated in the Commission motion adopted April 7, 2014; and (iii) the remainder for park design and development. The land purchase was completed in 2014 for $2,022,413 leaving $3,689,587 for design and construction of park improvements, reserving the $1,788,000 for infrastructure. The Commission approved Resolution 4680 authorizing the use of an alternate delivery contract for the hiring a General Contractor/Construction Manager (“GCCM”). The Bozeman Sports Park Master Plan has was approved by Commission July 11, 2016. Relocation of the existing irrigation pipeline needs to be completed prior to grading and installation of site improvements identified as Phase I on the master plan. Subcontractor bids were received by the GCCM on November 29, 2016. City staff, together with the consultant engineering team and Dick Anderson reviewed all responsible bids and recommend acceptance of the Guaranteed Maximum Price award recom- mendation (Attachment 1 to Exhibit A). Construction phase General Conditions Costs and 5.5% cost of the work will be paid to Dick Anderson Construction, Inc. in accordance with the previously approved Agreement (Exhibit B). 224 UNRESOLVED ISSUES: ALTERNATIVES: Per Commission. FISCAL EFFECTS: The Agreement will allow the project to proceed as previously approved. ATTACHMENTS: Exhibit A – AIA A133 – Exhibit A - Guaranteed Maximum Price Amendment No. 1 Exhibit B – AIA A133 – Agreement Between The City of Bozeman Montana and Dick Anderson Construction, Inc. Report compiled on: December 27, 2016 225 COMMISSION RESOLUTION NO. 4754 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING THE GUARANTEED MAXIMUM PRICE AMENDMENT NO. 1 TO THE CONTRACT WITH DICK ANDERSON CONSTRUCTION, INC. FOR THE BOZEMAN SPORTS PARK WHEREAS, on May 23, 2016, the City Commission approved the “Agreement for General Contractor / Construction Manager Services with Dick Anderson Construction, Inc. for the Bozeman Sports Park” ("contract"); 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, the first portion of the work to be performed is the relocation of the Maynard irrigation pipeline, which has been competitively bid, and the Guaranteed Maximum Price has been determined, as stipulated in the contract. 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 Dick Anderson Construction, Inc. as indicated in Exhibit A - Guaranteed Maximum Price 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. 226 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 9th day of January, 2017. ___________________________________ CARSON TAYLOR Mayor ATTEST: ________________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 227 AIA ® Document A133TM – 2009 Exhibit A Guaranteed Maximum Price Amendment AIA Document A133™ – 2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:45:40 on 12/02/2015 under Order No. 7109973622 which expires on 12/01/2016, and is not for resale. User Notes: (3B9ADA1F) 1 ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201™–2007, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. ELECTRONIC COPYING of any portion of this AIA® Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. for the following PROJECT: (Name and address or location) Bozeman Sports Park 4600 Baxter Lane Bozeman, MT 59718 THE OWNER: (Name, legal status and address) The City of Bozeman Montana 121 N. Rouse Ave. PO Box 1230 Bozeman, MT 59771-1230 (“Owner”) and the Construction Manager: AIA Document A133™ – 2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This draft was produced by AIA software at 14:45:40 on 12/02/2015 under Order No. 7109973622 which expires on 12/01/2016, and is not for resale. User Notes: (3B9ADA1F) 2 (State the numbers or other identification of accepted alternates. If the Contract Documents permit the Owner to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the amount for each and the date when the amount expires.) « N/A » § A.1.1.4 Allowances included in the Guaranteed Maximum Price, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price ($0.00) « N/A» § A.1.1.5 Assumptions, if any, on which the Guaranteed Maximum Price is based: The work is a portion of Phase I site improvements, as per the approved Master Plan . § A.1.1.6 The Guaranteed Maximum Price is based upon the Supplementary and other Conditions of the Contract included in the project specifications Attachment 2 and 2a. § A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications: Attachments 2 and 2a: Bozeman Sports Park Phase I - Maynard Pipeline Re-alignment (specifications dated Nov. 11, 2016). § A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: Attachments 2 and 2a: Bozeman Sports Park Phase I - Maynard Pipeline Re-alignment (drawings - dated Nov. 11, 2016). § A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: Attachment 1 - Proposal letter from DAC re: Bozeman Sports Park Irrigation Main GMP - Dec. 22, 2016. ARTICLE A.2 § A.2.1 The anticipated date of Substantial Completion established by this Amendment: April 15, 2016. OWNER (Signature) Chris Kukulski Bozeman City Manager CONSTRUCTION MANAGER (Signature) Josh de Vos Dick Anderson Construction, Inc. 229 lnit. a AI.A Document A133'" - 2009 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price AGREEMENT made as of the day of in the year (In words, indicate day, month and year.) BETWEEN the Owner: (Name, legal status and address) The City of Bozeman 121 N. Rouse Ave. PO Box 1230 Bozeman, MT 59771-1230 ("Owner") and the Construction Manager: (Name, legal status and address) Dick Anderson Construction, Inc. 4498 Jackrabbit Lane Bozeman, MT 59718 ("Construction Manager") for the following Project: (Name and address or location) Bozeman Sports Park 4600 Baxter Lane Bozeman, MT 59718 The Architect: (Name, legal status and address) DOWL,LLC 2090 Stadium Drive Bozeman, MT 59715 ("Architect") The Owner's Designated Representative: (Name, address and other information) Carolyn Poissant, MLA, AICP Manager of Trails, Open Space and Parks Design and Development PO Box 1230 Bozeman, MT 59771-1230 406-582-2908 Email Address: cpoissant@bozeman.net ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A201 ™-2007, 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 PREPARED BY: SHEET INDEX GREAT FALLS BILLINGS HARDIN SIDNEY GLENDIVE LEWISTOWN BOZEMAN DILLON BUTTE HELENA MISSOULA KALISPELL SHELBY GLASGOW MILES CITY HAVRE ANACONDA BOZEMAN SPORTS PARK GREAT FALLS BILLINGS HARDIN SIDNEY GLENDIVE LEWISTOWN BOZEMAN DILLON BUTTE HELENA MISSOULA KALISPELL SHELBY GLASGOW MILES CITY HAVRE ANACONDA BOZEMAN SPORTS PARK PHASE 1: MAYNARD IRRIGATION PIPELINE REALIGNMENT BOZEMAN, MONTANA 406-com586-8834 www.dowlhkm. PREPARED FOR: CITY OF BOZEMAN DEPT. OF PARKS & RECREATION PO BOX 1230 BOZEMAN, MT 59771 PREPARED BY: G01 Zachary Lowe, PE 2090 Stadium Drive BOZEMAN, MT 59771 11-11-2016 BID SET 255 P P GENERAL NOTES AND PROJECT LEGEND G02 10 BOZEMAN SPORTS PARK PHASE 1: MAYNARD IRRIGATION PIPELINE REALIGNMENT BOZEMAN, MONTANA 12923 PE 256 DEMOLITION PLAN E01 10 BOZEMAN SPORTS PARK PHASE 1: MAYNARD IRRIGATION PIPELINE REALIGNMENT BOZEMAN, MONTANA 12923 PE 257 10 BOZEMAN SPORTS PARK PHASE 1: MAYNARD IRRIGATION PIPELINE REALIGNMENT BOZEMAN, MONTANA 12923 PE EROSION CONTROL PLAN EC01 258 10 BOZEMAN SPORTS PARK PHASE 1: MAYNARD IRRIGATION PIPELINE REALIGNMENT BOZEMAN, MONTANA 12923 PE EROSION CONTROL DETAILS EC02 259 10 BOZEMAN SPORTS PARK PHASE 1: MAYNARD IRRIGATION PIPELINE REALIGNMENT BOZEMAN, MONTANA 12923 PE IRR1 IRRIGATION MAIN PLAN & PROFILE STA 0+00 TO STA 12+20 IRRIGATION MAIN 260 10 BOZEMAN SPORTS PARK PHASE 1: MAYNARD IRRIGATION PIPELINE REALIGNMENT BOZEMAN, MONTANA 12923 PE IRR2 IRRIGATION MAIN PLAN & PROFILE STA 12+20 TO STA 26+00 IRRIGATION MAIN 261 10 BOZEMAN SPORTS PARK PHASE 1: MAYNARD IRRIGATION PIPELINE REALIGNMENT BOZEMAN, MONTANA 12923 PE IRR3 IRRIGATION MAIN PLAN & PROFILE STA 26+00 TO STA 33+94 IRRIGATION MAIN CONNECTION DETAIL 262 10 BOZEMAN SPORTS PARK PHASE 1: MAYNARD IRRIGATION PIPELINE REALIGNMENT BOZEMAN, MONTANA 12923 PE IRR4 IRRIGATION SERVICE PLAN & PROFILE IRRIGATION SERVICE 263 10 BOZEMAN SPORTS PARK PHASE 1: MAYNARD IRRIGATION PIPELINE REALIGNMENT BOZEMAN, MONTANA 12923 PE D01 DETAILS 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. AIA DocumentA133™ -2009 (formerly A121 ™CMc - 2003). Copyright© 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA® 1 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 16:12:25 on 05/17/2016 under Order No. 1601131298 which expires on 05/17/2017, and is not for resale. User Notes: (3B9ADA19) EXHIBIT B 230 (Name, legal status and address) Dick Anderson Construction, Inc. 4498 Jackrabbit Lane Bozeman, MT 59718 (“Construction Manager”) ARTICLE A.1 § A.1.1 Guaranteed Maximum Price Pursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner and Construction Manager, the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager’s Fee plus the Cost of the Work, as that term is defined in Article 6 of this Agreement. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed three hundred-three thousand seven hundred sixty-one dollar and 01 cent, ($303,761.01), subject to additions and deductions by Change Order as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances, contingencies, alternates, the Construction Manager’s Fee, and other items that comprise the Guaranteed Maximum Price. (Attachment 1 - Letter from General Contractor.) § A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: 228