HomeMy WebLinkAbout06-12-17 City Commission Packet Materials - C9. Resolution 4805, GMP 3 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 No. 4805 - Guaranteed Maximum Price Amendment No. 3 - Bozeman Sports Park Mass Grading
MEETING DATE: June 12, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Resolution No. 4805 for Guaranteed Maximum Price Amendment No. 3 with Dick Anderson Construction, Inc. for mass grading of the Bozeman Sports Park as per Attachment A for an amount not to exceed $500,499.27 (total contract amount
$835,715.16 for Amendments 1,2,3).
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 and No. 2 for the Maynard Pipeline Relocation were approved by
Commission on January 9, 2017 and March 27, 2017 for a total of $335,250.89
Bids were due on June 1, 2017 for Phase I construction of the Sports Park, which includes four
athletic fields, a restroom/vending building, sidewalks, parking lot, irrigation, stormwater control, security fencing and landscaping. Bids were received for four of the eight subcontractor schedules for the work: mass grading, soil amendments, landscaping and irrigation, and fencing.
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At this time, staff recommends approving the mass grading work while the project team completes the value engineering and obtains bids for the work that did not get bid on. The parking lot work will need to be re-bid in early 2018 utilizing the remaining funds after completion of the
field construction. The scheduled completion date of 9/1/2018 remains the same.
UNRESOLVED ISSUES: Quotes for other site work are being obtained.
ALTERNATIVES: Per Commission.
FISCAL EFFECTS: The Agreement will allow the project to proceed as previously approved.
ATTACHMENTS:
Resolution 4805
Attachment A – AIA A133 – Exhibit A - Guaranteed Maximum Price Amendment No. 3
Attachment B – Letter from Construction Manager
Report compiled on: June 5, 2017
161
COMMISSION RESOLUTION NO. 4805
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AND APPROVING GUARANTEED MAXIMUM PRICE AMENDMENT NO.
3 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, bids were received on June 1, 2017 for portions of the work to complete Phase
I of the Sports Park site improvements; and
WHEREAS, the mass grading portion of the work must be initiated as soon as possible
while the project team obtains pricing for the remaining portions of the work;
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 on Attachment A
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(“Exhibit A: Guaranteed Maximum Price Amendment No. 3”), 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.
PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana,
at a regular session thereof held on the 12th day of June, 2017.
___________________________________ CARSON TAYLOR Mayor
ATTEST:
________________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
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It AIA Document A133™2009
Exhibit A
Guaranteed Maximum Price Amendment
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: (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 PricePursuant to Section 2.2.6 of the Agreement, the Owner and Construction Manager herebyamend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Ownerand Construction Manager, the Guaranteed Maximum Price is an amount that the ContractSum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plusthe Cost of the Work, as that tenn is defined in Article 6 of this Agreement.
§A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceedfive hundred thousand four hundred ninety-nine dollars and 27 cents ($500, 499.27)
for mass grading of Phase One, for a total of $835,715.16, subject to additions and deductions by Change Order as provided in the Contract.
§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 B - Letter from Construction Manager dated June 2, 2017)
§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:
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 A20l--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.
AIA Document A133'8' -2009 E.z:hibit A. Copyright ,-. 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Dcci..LT,ent is protected by U S Copyright La· .. · c1nd International Treaties Unauthorized reprod,-1ction or d1stributicn 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 la\,{ 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: (389/\DAlF)
1
ATTACHMENT A
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(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.)
« Mass Grading schedule 1.1 of Phase One Improvements, Bid Package dated May 12, 2017, due June 1, 2017 (Exhibit A of Attachment B).»
§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 «NIA» Price ($0.00)
§ 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.
§A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications: "Bozeman Sports Park Phase 1 Improvements Project Manual," dated May 12, 2017.
§ A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: "Bozeman Sports Park: Phase 1 Improvements," dated April 25, 2017.
§ A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: Attachment B -Proposal letter from Dick Anderson Construction re: Bozeman Sports Park - Mass Grading - GMP Amendment #3, dated June 2, 2017.
ARTICLE A.2 §A.2.1 The anticipated date of Substantial Completion established by this Amendment: August 24, 2017.
OWNER (Printed Name) City of BozemanInterim City Manager
CONSTRUCTION MANAGER (Signature) Dick Anderson Constrnction, Inc. Title: ___________________________________
AIA Document A133"' - 2009 Exhibit A. Copyright , 1991, 2003 and 2009 by The American Institute of Architects. Al.l rights reserved. WARNDiG: This AL:...-Dvcu..,r,ent is protected by U S Copyright La·n and Ir,ternational Treaties llnauthor.1.zed reprcduction or d1str1.but1-on of this AIA.i.. Document or any portion of it, may �esult 1.n sever,e civil and crimirial penalt.1.es, and will be prosecuted to the maximum extent possible under the la;.; 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
165
ATTACHMENT B
166
f.The general condition cost in our spreadsheet is based on a project duration of 2 months.
Additional general condition costs will be added as scope from other trades are added to
our contract.
3.Our proposed GMP as per exhibit A is $835,750.16. 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 lA can be found in the project manual under instructions to bidders.
4.The anticipated date of substantial completion is August 24th, 2017.
5.Our GMP must be accepted and approved by June 14th, 2017 for the above to become valid.
If you have any questions or required additional information on the items above, please give me at (406)
360-6673. We are excited to break ground on this project.
Sincerely,
Louie Miller
Project Manager
Dick Anderson Construction
CC: Zachary Lowe, PE, Dowl
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
167
Exhibit A
laJProposed GMP amdendment for Bozeman Sports Park 1A Mass Grading
Bozeman Sports Park phase lA Mass Grading DAC Project#: 02-16-238 Location: Bozeman GMP #: 3 Contractor: Dick Anderson Construction Date: June 2, 2017 Address: 1500 Clark Fork Drive, Missoula, 59808 Phone: 360-6673
The Contractor is hereby: directed to make the following changes In the Contract Uf;!On receigt of an aQ[,!roved COQY: of this Amendment.
ITEM NO. DESCRIPTION/ UNIT BREAKDOWN/ UNIT COSTS
SEE ATTACHED BREAKDOWN
1 Phase lA Mass Grading
2
3
5
6
7
8
9 SUBTOTAL
10 GCCM fee @ 5.5%
11 Subtotal line 9, 10
12 Bond 1%
13 Insurance 1%
14 General conditions 2 months
15 Subtotal line 11, 12, 13,14
16 State Gross Receipts Tax 1%
17 Proposed Contingency
18 TOTAL COST
19
20 TOTAL
CONTRACT STATUS
1.Original Contract Amount $ 2.Net Change by Previous Change Order(s)$ 3. Current Contract Amount (1 +2)$ 4. Amendment #3 Total Amount $ 5.New Contract Amount {3+4)$ 6. Total Cost of All Amendments to Date $
APPROVALS
Approved by Architect0: __________________ Date:
Approved by Contractor: Date:
Approved by Owner: Date:
COST
(Indicate+ or-)
$ 388,548.32
$ 388,548.32
$ 21,370.16
$ 409,918.48
$ 4,099.18
$ 4,099.18
$ 57,625.00
$ 475,741.85
$ 4,757.42
$ 20,000.00
$ 500,499.27
$ 500,499.27
303,761.07 31,489.82
335,250.89
500,499.27 835,750.16 531,989.09
EXHIBIT A
168
EXHIBIT B
1/5169
2/5
170
3/5
171
4/5
172
5/5
173