HomeMy WebLinkAbout01-29-18 City Commission Packet Materials - C5. Resolution 4856, GMPA with Dick Anderson for Sports Park ParkingCommission 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. 4856 - Guaranteed Maximum Price Amendment No. 5
- Bozeman Sports Park Phase I Field and Parking Lot Construction
MEETING DATE: January 29, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Resolution No. 4856 for Guaranteed Maximum Price
Amendment No. 5 with Dick Anderson Construction, Inc. for Phase I field and parking lot
construction at the Bozeman Sports Park for an amount not to exceed $3,199,503.27, for a total
contract amount $4,436,052.05 for Amendments 1, 2, 3, 4, and 5 (Attachment A).
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 Nos. 1 - 4 were previously approved by Commission for a total contact amount
of $1,236,548.78.
Bids were received on December 12, 2017 for Phase I field and parking lot construction of the
Sports Park (Attachment B – Bid Tab). The contract includes soil amendments and sodding of
four sodded athletic fields, a restroom / vending / entry pavilion facility, sidewalks, parking,
landscaping and irrigation, stormwater control, and park signage for a total cost of $3,199,503.27
(Attachment C – GCCM Proposal).
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UNRESOLVED ISSUES: The City is in the process of finalizing the easement for the relocated
Maynard pipeline on the Sports Park property.
ALTERNATIVES: Per Commission.
FISCAL EFFECTS: The Agreement will allow the project to proceed as previously approved.
ATTACHMENTS:
Resolution 4856
Attachment A – AIA A133 – “Exhibit A - Guaranteed Maximum Price Amendment No. 5”
Attachment B – Sports Park Bid Tab 12_12_17
Attachment C – GCCM Proposal
Report compiled on: January 12, 2018
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COMMISSION RESOLUTION NO. 4856
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AND APPROVING GUARANTEED MAXIMUM PRICE AMENDMENT
NO. 5 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 (“GCCM”) 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, portions of the work were previously approved under Commission
Resolution Nos. 4754, 4793, 4805 and 4836 (GMP Amendment Nos. 1, 2, 3, and 4 respectively,
to the GCCM contract); and
WHEREAS, bids were received on December 12, 2017 for the remaining portions of
the work to complete Phase I of the Sports Park site improvements; and
WHEREAS, the work to be performed is to be awarded to the lowest responsible bidders
in compliance with City of Bozeman Purchasing Policy and the executed GCCM 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 on Attachment A
(“Exhibit A: Guaranteed Maximum Price Amendment No. 5”), attached hereto, is hereby
approved; and the City Manager is hereby authorized and directed to execute the contract
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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 29th
day of January, 2018.
___________________________________
CYNTHIA L. ANDRUS
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 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 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
three million one hundred ninety-nine thousand five hundred-three dollars and 27
cents ($3,199,503.27) for Phase One site improvements (fields, parking, structures,
landscaping and irrigation and signage) for a total contract of $4,436,052.05 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 C - Proposal Letter from
Construction Manager dated January 12, 2018.)
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,
§ A.1.1.3 The Guaranteed Maximum Price is based on the following base bid and alternates, if any, which are
described in the Contract Documents and are hereby accepted by the Owner:
(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.)
1.3 Site Hardscapes; 1.4 Irrigation / Landscape / Amendments;
Alternate Buildout - Fields 3 and 4; Sod - all 4 Fields as per Attachment B dated January 12, 2018.
§ 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 Attachment C dated
January 12, 2018.
§ 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 Attachment C dated January 12. 2018.
§ A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information:
Attachment C -Proposal letter from Dick Anderson Construction re: Site Hardscapes; Irrigation /Landscape /
Amendments plus alternates - GMP No. 5 Request for the Bozeman Sports Park, dated January 12, 2018.
ARTICLE A.2
§ A.2.1 The anticipated date of Substantial Completion established by this Amendment: November 1, 2018.
OWNER
City of Bozeman
____________________________________________________________
Andrea Surratt
City Manager
CONSTRUCTION MANAGER
Dick Anderson Construction, Inc.
______________________________________________________
(By: Signature)
______________________________________________________
(Printed Name )
______________________________________________________
(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
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ATTACHMENT A - SPORTS PARK BID TAB
Bozeman Sports Park Phase 1A Improvements 2018
Contractor
Bid
Security
Addenda
1&2
Non-
discrimination
Non-
Collusion Base Bid Total
Alternate
gavel/paving
Alternate
Security
Alternate Jack Leg
Fence
1.3 Site Hardscapes
CMG X X X X $ 621,880.00 $ 59,912.00 $ 11,500.00 $ 3,705.00
ASKIN X X X $ 824,029.00 $ 73,920.00 $ 5,930.00 $ 7,856.00
WILLIAMS CIVIL X X X X $ 905,813.00 $ 87,900.00 $ 6,100.00 $ 6,000.00
SIME CONSTRUCTION X X X X $ 776,400.00 $ 67,621.00 $ 15,000.00 $ 5,460.00
1.4 Irrigation/Landscape/Amendments
Bid
Security
Addenda
1&2
Non-
discrimination
Non-
Collusion Base Bid Total
Shrubs &
Perennials
Alternate
Sod 1 field
Alternate Buildout
3rd Field
RAINMAKER X X X X $ 1,252,460.00 $ 16,660.00 $ 44,000.00 $ 268,480.00
GOODEARTHWORKS X X X X $ 1,369,500.00 $ 9,815.00 $ 86,875.00 $ 253,025.00
RECOMMENDED AWARD
As Read 12-14-2017
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ATTACHMENT C
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65
66
67
68
69
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72
73
74
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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