HomeMy WebLinkAbout03-27-17 City Commission Packet Materials - C7. Resolution 4793 - Amendment 2 with Dick Anderson for Sports Park Commission 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 4793, Authorizing the Acting City Manager to Sign the Guaranteed Maximum Price Amendment Number 2 to the Contract with
Dick Anderson Construction, Inc. for Maynard Irrigation Pipeline
Relocation in the Bozeman Sports Park
MEETING DATE: March 27, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Resolution No. 4793 for Guaranteed Maximum Price
Amendment No. 2 with Dick Anderson Construction, Inc. for Relocation of the Irrigation Pipeline
at the Bozeman Sports Park (“Exhibit A”) for an amount not to exceed $335,250.89.
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. Dick Anderson Construction, Inc. was approved by Commission as the GCCM for the project May 23, 2016. Guaranteed Maximum
Price Amendment No. 1 for the Maynard Pipeline Relocation was approved by Commission
January 9, 2017 for a total of 303,761.07, which includes a contingency of $22,600. During
initial construction, it was determined that additional pipe and fittings not correctly specified in the engineering drawings are needed to complete the work to connect to existing farm irrigation systems. The GCCM has negotiated with the subcontractor and obtained an in-kind credit of
$6000 toward the change order amount, in the spirit of the GCCM contract Section 2.1.2.1:
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As such, the GCCM and staff’s recommendation is to approve the change order amount of
$31,481.82, leaving a 5% contingency for the remainder of this work of ($10,000) for a new GMP
total of $335,250.89 as per Attachment 1 of 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), however, no additional General Conditions costs will be added to this change order amount, per Dick Anderson.
UNRESOLVED ISSUES:
ALTERNATIVES: Per Commission.
FISCAL EFFECTS: The Agreement will allow the project to proceed as previously approved.
ATTACHMENTS:
Resolution 4793 -
Exhibit A – AIA A133 – Exhibit A - Guaranteed Maximum Price Amendment No. 2
Exhibit B – AIA A133 – Agreement Between The City of Bozeman and
Dick Anderson Construction, Inc.
Report compiled on: March 17, 2017
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COMMISSION RESOLUTION NO. 4793
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING GUARANTEED MAXIMUM PRICE AMENDMENT NO. 2 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 approved by Commission Resolution No. 4754 as Amendment
No. 1 to the contract; and
WHEREAS, additional work beyond the scope of the previously approved contract needs
to be performed, which includes additional pipe and fittings, as delineated in Amendment No. 2 to
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. 2, 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.
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PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 27th day of March, 2017.
___________________________________
CARSON TAYLOR Mayor
ATTEST:
________________________________________ ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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