HomeMy WebLinkAbout08-07-17 City Commission Packet Materials - C10. Resolution 4836, Guaranteed Max Price Amendment 4 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. 4836 - Guaranteed Maximum Price Amendment No. 4 - Bozeman Sports Park Phase One Utilities
MEETING DATE: August 7, 2017
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Resolution No. 4836 for Guaranteed Maximum Price Amendment No. 4 with Dick Anderson Construction, Inc. for installation of utilities for the Bozeman Sports Park as per Attachment A for an amount not to exceed $400,833.63 (total
contract amount $1,236,548.79 for Amendments 1,2,3,4).
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 Guaranteed Maximum Price Amendment No. 3 for mass grading was approved by Commission on June 12, 2017 for $500,499.27.
Bids were obtained by the GCCM (Dick Anderson Construction, Inc.) for stormwater and electrical utility work as the next portion of construction. The low bidders were H&H Earthworks
and Matzinger Electric. The total additional cost, including the GCCM’s fees, is $400,833.63.
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Additional sitework will need to be re-bid in early 2018 utilizing the remaining funds after completion of the field mass grading and utilities. The scheduled completion date of 9/1/2018 remains the same.
UNRESOLVED ISSUES: Bidding in early 2018 with award subject to available budget.
ALTERNATIVES: Per Commission.
FISCAL EFFECTS: The Agreement will allow the project to proceed as previously approved.
ATTACHMENTS:
Resolution 4836
Attachment A – AIA A133 – Exhibit A - Guaranteed Maximum Price Amendment No. 4
Attachment B – Letter from Construction Manager
Report compiled on: July 25, 2017
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COMMISSION RESOLUTION NO. 4836
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AND APPROVING GUARANTEED MAXIMUM PRICE AMENDMENT
NO. 4 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, bids were received on June 1, 2017 for portions of the work to complete
Phase I of the Sports Park site improvements; and
WHEREAS, previous portions of the work were approved by Commission as Amendment
Nos. 1, 2, and 3 (Resolution Nos. 4754, 4793, and 4805, respectively)
WHEREAS, underground utility installations as specified in the bid documents and
amended herein is the next portion of the site work to be completed;
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. (“Exhibit A: Guaranteed
Maximum Price Amendment No. 4”), attached hereto, is hereby approved; and the City Manager
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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, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 7th day of August, 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 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 tenn is defined in Article 6 of this Agreement.
§A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed four hundred thousand eight hundred thirty-three dollars and 63 cents ($400, 833.63)for utility work for Phase One, for a total of $1,236,548.79, subject to additions and deductions by Change Order as provided in the Contract (Attachment A - Original 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 July 18, 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)
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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.)
« Utility work (electric, water, sewer, and stormwater) of Phase One Improvements, Bid Package dated May 12, 2017, as amended per Exhibit A and Exhibit B of of Attachment B dated July 18, 2017.»
§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 Sports Park 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 as amended per Exhibit A and Exhibit B of Attachment B dated July 18, 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, as amended per Exhibit A and Exhibit B o Attachment B dated July 18, 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: Revised Site Utilities and Revised Site Electrical GMP # 4 Request for the Bozeman Sports Park, dated July 18, 2017.
ARTICLE A.2
§A.2.1 The anticipated date of Substantial Completion established by this Amendment: October 1, 2017.
OWNER (Signature) Name) City of Bozeman 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)
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ATTACHMENT B
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