The URL can be used to link to this page

Home My WebLink AboutResolution 4754 Approving the Guaranteed Maximum Price Amendment No. 1 to the Contract with Dick Anderson Construction for the Sports Park F * pp � rrq�l�il CO. I 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 i; 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. k pk 4 s PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 9"' day of January, 2017. AND S Deputy M o ATTEST: ,��,"' >. O� B 0 4 L RO N CROUG = • c . City Clerk •. 1883 .•; . lL?TjN CO.•bt��-. APPROVED AS TO FORM: G SULLIVAN City Attorney AIA Document A133TM - 2009 Exhibit A Guaranteed Maximum Price Amendment for the following PROJECT: (Name and address or location) ADDITIONS AND DELETIONS: Bozeman Sports Park The author of this document has added information 4600 Baxter Lane needed for its completion. Bozeman,MT 59718 The author may also have revised the text of the THE OWNER' original AIA standard form. An Additions and Deletions (Name, legal status and address) Report that notes added information as well as revisions to the standard The Cityof Bozeman Montana form text is available from the author and should be 121 N.Rouse Ave. reviewed. PO Box 1230 This document has important Bozeman,MT 59771-1230 legal consequences. Consultation with an ("Owner") attorney is encouraged with respect to its completion or modification. and the Construction Manager: AIA Document A201TM-2007, (Name, legal status and address) General Conditions of the Contract for Construction, Dick Anderson Construction,Inc. is adopted in this document 4498 Jackrabbit Lane by reference. Do not use with other general Bozeman,MT 59718 conditions unless this document is modified. ("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« » ($« ))),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. ELECTRONIC COPYING of any (Provide below w'reference an attachment.) portion of this AIA` Document to another electronic file is See Exhibit A prohibited and constitutes a violation of copyright laws as set forth in the footer of §A.1.1.3 The Guaranteed Maximum Price is based on the following alternates,if any, this document. which are described in the Contract Documents and are hereby accepted by the Owner: AIA Document A1333m- 2009 Exhibit A. Copyright ? 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA6 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 1 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: (369ADA1F) (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.) « » §A.1.1.4 Allowances included in the Guaranteed Maximum Price,if any: (Identify allowance and state excl(sions, if any,from the allowance price.) Item Price($0.00) §A.1.1.5 Assumptions, if any,on which the Guaranteed Maximum Price is based: §A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract: Document Title Date Pages « » §A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications: (Either list the Specifcations here, or refer to an exhibit attached to this Agreement) Section Title Date Pages §A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Agreement.) « » Number Title Date §A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Agreement.) ARTICLE A.2 §A.2.1 The anticipated date of Substantial Completion established by this Amendment: » D IL OWNER(Signature) CONSTRUCTON MANA ER (Signantre) « »« » « »« » (' JRJ1S�c C�T ag of ALL 5:MAcZikl.. — ONCE- ?V;-5%Z E1ZT (Printed name and title) (Printed name and title) ATA Document A133ti- 2009 Exhibit A. Copyright 1991, 2003 and 2009 by The American Tnstitute 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 2 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 Note.: (3B9ADAl F) I DICK ANDERSON CONSTRUCTION, INC. December 22, 2016 Carolyn Poissant, MLA, MPA,AICP, Manager of Trails City of Bozeman- Department of Parks and Recreation 415 N. Bozeman Street Bozeman, MT 59715 Re: Bozeman Sports Park- Irrigation Main-GMP Dear Carolyn, As per our Agreement for the Bozeman Sports Park,we propose a Guaranteed Maximum Price (GMP) of $303,761.07. Please reference the attached exhibit A for a breakdown of how we derived at our proposed GMP. The contingency for the project is estimated at$22,600, which is approximately 8%of the total cost of construction. Contingency will be utilized per the AIA Document A133-2009 agreement between the owner and Construction Manager. We have reviewed all the submitted bids for bid package#1-irrigation pipeline realignment and have found the low bid from H&H Earthworks to be the lowest responsible bid. We have the following clarifications as per section 2.2.3 of our contract: 1. We acknowledge the attached list of drawings and specifications (exhibit B), and addenda 1, 2, and 3. Addenda are not enclosed as they have been forwarded to all applicable parties at an earlier date. 2. Below is a list of our clarifications and assumptions in regards to our Guaranteed Maximum Price (please reference exhibit A): a. This GMP is only for the scope of work listed in the drawings and specifications from exhibit B. Additional phases and scope will cause amendment to our agreement at a later date. b. DAC has not included any allowances in our GMP. c. Testing services shall be contracted separately by the owner. d. As per section 3.7.1 of the contract the Owner shall secure and pay for the building permits and fess as well as for other permits,fees, licenses, and inspections by government agencies necessary for proper execution and completion of the Work that are customarily secured after execution of the Contract and legally required at the time bids are received or negotiations concluded. 3424 HIGHWAY 12 EAST, HELENA, MONTANA 59601 406-443-3225 FAX 406-443-1537 4610 TRI-HILL FRONTAGE ROAD, GREAT FALLS, MONTANA 59404 406-761-8707 FAX 406-761-3134 4498 JACKRABBIT LANE, BOZEMAN, MONTANA 59718 406-586-0889 FAX 406-388-4263 PO BOX 31511, BILLINGS, MONTANA 59107 406-248-3700 E e. The general condition cost in our spreadsheet is based on a project duration of a month. I Additional general condition costs will be added as scope from additional phases are added to our contract. f' 3. Our proposed Guaranteed Maximum Price as per exhibit A is$303,761.07. Please reference the spreadsheet exhibit A for a breakdown of the bid package cost, contingency, and Construction Manager Fee. Scope of work contained in the bid package 1 can be found in the project manual Y under instructions to bidders. 4. The anticipated date of Substantial Completion is April 15, 2017. 5. Our GMP must be accepted and approved by January 10, 2017 for the above to become valid. Please-remember that DAC's preconstruction service fee will be billed separately and is not included in the above GMP. i We are excited about this project and look forward to working with you. If you have any concerns or questions on the items above, please give me a call at(406) 791-2606. Sincerely, Josh deVos/Project Manager Dick Anderson Construction CC: Zachary Lowe, PE Dowi i i 3424 HIGHWAY 12 EAST, HELENA, MONTANA 59601 406-443-3225 FAX 406-443-1537 4610TRI—HILL FRONTAGE ROAD, GREAT FALLS, MONTANA 59404 406-761-8707 FAX 406-761-3134 4498 JACKRABBIT LANE, BOZEMAN, MONTANA 59718 406-586-0889 FAX 406-388-4263 a PO BOX 31511, BILLINGS, MONTANA 59107 406-248-3700 r ry exhibit A Proposed GMP for Bozeman Sports Park- Irrigation Pipeline Realignment date: 12/22/16 Description Cost bid package#1-irrigation pipeline realignment $ 229,466.00 SWPP permit-fee and plan execution $ 2,450.00 sub-total $ 231,916 00 5.5%GCCM fee $ 12,755.38 price and performance bond $ 2,446.71 Insurance $ 2,446.71 General conditions- lmonth $ 28,812.50 sub-total $ 278,377.30 state tax- 1% $ 2,783.77 proposed contingency $ 22,600.00 Total proposed GMP $ 303,761.07 8 3 E TABLE OF CONTENTS { The specifications for this project include sections_from the Montana Public Works s Standard Specifications (MPWSS), Sixth Edition,April 2010, only as indicated in the following table of contents. If a section of a MPWSS is.duplicated herein,the MPWSS shall be replaced by the section included herein. DWTSION 0—BIDD G AND CONTRACT RE,OUMEMENTS Section Title Location g 00020 Invitation to Bid Included herein 1 00100 Instructions to Bidders Included herein 00300 Bid Form Included herein 00430 Bid Bond&Bid Attachments Included herein 00500 Agreement Form Included herein 00610 Performance Bond Included herein 00615 Payment Bond Included herein 00700 General Conditions of the Contract Included herein F 00 830 Montana Prevailing Wage Rates Included herein . DIVISION I —GENERAL REQUIRE,MENTS 01010 Summary of Work Included herein 1 01030 Special Provisions Included herein 01050 Field Engineering Included herein 01060 Permits Included herein 01150' Measurement and Payment . Included herein 1 01300 Shop Drawings and Submittals Included herein 01400 Contractor Quality Control.&Owner Quality Assurance Included herein 01500 Temporary Controls Included herein 01700 Contract Close-Out Included herein 1 s p • 1 • 3 i :Y i TABLE.OF CONTENTS D 7 DMSFON 2- SITE WORK f _ z MPWSS 6�h Edition, Division 2 Sections By Reference } 3 } 02112 Removal of Existing Pavement,Concrete Curb, Sidewalk,Driveway and/or Structures MPWSS 6`'Ed. 02221 Trench Excavation and BackfiIl for Pipelines.& i Appurtenant Structures MPWSS 6t'Ed. 02660 Water.Distribution MPWSS 6`'Ed. 02710 MPE Pressure Pipe Included herein 02766 Testing Irrigation Main Included herein . i 02910 Seeding MPWSS 6"Ed. � s i i • I i z i 7 • Si r� • • A g� • , t Itt` I Y `1! 1�5 E a k �yj s cl s 1 k pp kY NAKIJ I Kr r GNMENT REALI EMAN , MONTANA S SHEETINDEX SHEET NO, TITLE G01 COVER SHEET G02 NOTES, -LEGEND,' ABBREVIATIONS E01 DEMOLITION PLAN EC01 EROSION CONTROL PLAN ECO2 EROSION CONTROL DETAILS I R01 IRRIGATION PLAN & PROFILE IR02 IRRIGATION PLAN & PROFILE IR03 IRRIGATION PLAN 8c PROFILE IR04 IRRIGATION -SERVICE PLAN & PROFILE p01 IRRIGATION DETAILS B u S"" E -11 -2016 I a I