HomeMy WebLinkAbout03-05-18 City Commission Packet Materials - C10. Resolution 4895, Guaranteed Maximum Price Amendment No. 6Commission 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. 4895 - Guaranteed Maximum Price Amendment No. 6
for Maynard Pipeline Re-alignment
MEETING DATE: March 5, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Resolution No. 4895 for Guaranteed Maximum Price
Amendment No. 6 with Dick Anderson Construction, Inc. for realignment of the Maynard
irrigation pipeline for an amount not to exceed $129,610.95, for a total contract amount
$4,565,663.00 for Amendments 1, 2, 3, 4, 5 and 6 (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. An
additional $917,000 was in TOP bond funds was allocated to the project with the adoption of
Commission Resolution 4844.
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 - 5 were previously approved by Commission for a total contact amount
of $4,436,052.05.
GMP Amendment No. 6 serves as a change order to the existing contract with H&H Earthworks
for additional work to re-align the Maynard pipeline on Bozeman School District property to
satisfy the requirements of downstream irrigators who manage the pipeline. A temporary
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construction easement is scheduled to be approved by the BSD Board of Directors on February
26, 2018 (Attachment C), which will be recorded with the Gallatin County Clerk.
UNRESOLVED ISSUES: The City is in the process of finalizing easement documents with the
irrigators 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 4895
Attachment A – AIA A133 Exhibit A - Guaranteed Maximum Price Amendment No. 6
Attachment B – GCCM Proposal
Attachment C – Temporary Construction Easement
Report compiled on: February 26, 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.
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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 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 29th
day of January, 2018.
___________________________________
CYNTHIA ANDRUS
Mayor
ATTEST:
________________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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COMMISSION RESOLUTION NO. 4895
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING THE GUARANTEED MAXIMUM PRICE AMENDMENT
NO. 6 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 portions of the work performed included the initial relocation of
the Maynard irrigation pipeline, which have been approved by Commission Resolution No. 4754
(GMP Amendment No. 1) and Commission Resolution No. 4793 (GMP Amendment No. 2 to the
original contract; and
WHEREAS, additional work beyond the scope of what was previously approved needs
to be performed, which includes re-alignment of sections of the pipeline in the Sports Parks and
on Bozeman School District property with additional pipe and fittings, as delineated in GMP
Amendment No. 6 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 Attachment A –
AIA 133 Exhibit A - Guaranteed Maximum Price Amendment No. 6, attached hereto, is hereby
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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, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 5th
day of March, 2018.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
________________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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AIA Document It 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 term is defined in Article 6 of this Agreement.
§ A.1.1.1 The Contract Sum (No. 6) is guaranteed by the Construction Manager not to exceed
one hundred twenty-nine thousand six hundred ten dollars and 95 cents,
($129,610.95), for realignment of Maynard irrigation pipeline for a total contract
sum of four million five hundred sixty-five thousand six hundred sixty-three and 00
cents ($4,565,663.00) 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. (Attachment B - Proposal from General Contractor.)
§ 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.
(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 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 a continuation of
the Maynard Pipeline re-alignment portion of infrastructure improvements for the project as per the
approved Bozeman 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: previously issued
specifications dated Nov. 11, 2016.
§ A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: May 1, 2, 3, 4, prepared
by DOWL and C 4.0, C 5.0 prepared by C&H (Exhibit B).
§ A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: all other
applicable drawings and specification of the original contract under GMP No. 1.
ARTICLE A.2 § A.2.1 The anticipated date of Substantial Completion established by this
Amendment: April 20, 2018.
OWNER (Signature / date)
Andrea Surratt
Bozeman City Manager
CONSTRUCTION MANAGER (Signature / date)
By: _____________________________________________________
Name / Title
Dick Anderson Construction, Inc.
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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DICK ANDERSON • CONSTRUCTION, INC.
March 16, 2017
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 Amendment #2
Dear Carolyn,
As per section 5.2 and 5.3 of our Agreement for the Bozeman Sports Park Project, we are requesting an
amendment to increase our Guaranteed Maximum Price (GMP) for the Maynard Irrigation Pipeline
Realignment portion of the project. This request is based on design changes and owner additions which are
detailed on attached exhibits. This amendment is a request for an addition $31,489.82 for a new GMP of
$335,250.89. This request includes using $12,600 of the contingency budget established In amendment #1.
Please note that applying a portion of the available contingency is outside its intended use in this case, (see
section 2.2.4) but this portion of the project nearly complete. There remains $10,000 in contingency for
potential future items. Please reference the attached exhibit for additional clarifications and cost
breakdown for the additional items.
The date of Substantial Completion of April 17, 2017 does not change with this amendment.
If you have any questions or required additional information on the items above, please give me at (406)
360-6673.
Louie Miller
Dick Anderson Construction
CC: Josh deVos, Dick Anderson Construction
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
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• Contract Change Order
Maynard Irrigation Pipeline Realignment
Location: Bozeman
Contractor: Dick Anderson Construction
Address:
DAC Project#: 02-16-238
Chg. Order #: 1
Date: 3/16/2017
Phone: 360-6673
The Contractor is herebv directed to make the followlng chane:es In the Contrect uoon recelot of an aooroved coov of this Chanr.e Order
ITEM NO.
DESCRIPTION/ UNIT BREAKDOWN/ UNIT COSTS COST
SEE ATTACHED BREAKDOWN (Indicate+ or-)
1 Modify Southern connection $ 9,443.73
2 Upsize 6" pipe to 12" Pipe $ 20,319.81
3 Added inline drain tee/valve $ 5,299.29
4 Added future irrigation pump connection tee/valve $ 13,361.77
5 Removed seeding from contract $ (1,858.40)
6 Contractor donation $ {6,000.00)
7 $ -
8 $ -
9 SUBTOTAL (Labor & Materlals) $ 40,566.20
10 Overhead & Profit @ 5.5% $ 2,231.14
11 Subtotal line 9, 10 $ 42,797.34
12 Bond 1% $ 427.97
13 Insurance 1% s 427.97
14 Subtotal line 11, 12, 13 $ 43,653.29
15 State Gross Receipts Tax 1% $ 436.53
16 TOTAL COST (This Change Order Only)= $ 44,089.82
17 Contingency $ (12,600.00)
18 TOTAL $ 31,489.82
CONTRACT STATUS
1. Original Contract Amount $ 303,761.07
2. Net Change by Previous Change Order(s) $ -
3. Current Contract Amount {1+2) $ 303,761.07
4. This Change Order Total Amount $ 31,489.82
5. New Contract Amount (3+4) $ 335,250.89
6. Total Cost of All Change Orders to Date {2+4) $ 31,489.82
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Page 1 of 4
TEMPORARY CONSTRUCTION EASEMENT
THE GRANTORS, Bozeman Public Schools, whose address is 404 West Main Street, Bozeman MT
59715, for and in consideration of One and No/100 - Dollars, and other valuable consideration, in hand
paid, conveys and warrants to the GRANTEE, City of Bozeman, a municipal corporation of the State of
Montana, whose office address is 121 N. Rouse, Bozeman, MT 59715, its successors and assignees, an
unrestricted Temporary Construction Easement, over, and across the following described real property
located in Gallatin County, Montana:
LEGAL DESCRIPTION
Commencing at the southeast corner of Tract 1A1 of COS 2554B, from a 2 ½” found aluminum cap at the
1/16th corner marking the intersecting rights-of-way for Flanders Mill Road and Oak Street in Section 4,
Township 2S, Range 5E, N89 50’12”W 53.71 feet, to the true point of beginning (POB) of easement:
Thence S 141’39”E 233.86 feet, thence N 50 55’ 22”W 372.10 feet, thence S89 50’ 14”E, 281.95 feet
to the point of beginning, and containing 0.756 acres, more or less as shown on Exhibit A.
delineated as to said tract of land on the exhibit attached hereto and made a part hereof as Exhibit A of
this instrument. Said parcel, containing approximately one acre (4315 square feet), more or less, is
hereby provided to the Grantee, for the purpose of constructing an irrigation pipeline (re-routed) as
indicated in Exhibit A, as necessary for the Bozeman Sports Park Project.
Upon completion of said project for which access is hereby provided, the Grantee shall restore the property
as nearly as possible to its original condition, including removal of the abandoned pipe. The Grantee agrees
to hold Grantors harmless from any and all liability that may result or arise from the exercise of the rights
granted hereby.
The Grantors hereby covenant with the Grantee that the Grantors have good title to the above-described
tract of land, and covenant that the Grantee shall have quiet and peaceable possession thereof and use
thereof during the period of the Temporary Construction Easement. This Temporary Easement is in
effect for six months form the date of execution, at which time this easement shall expire and be of no
force and effect.
GRANTOR – BOZEMAN PUBLIC SCHOOLS
BY: _____________________________________ (authorized signature)
_____________________________________ (printed name)
ACKNOWLEDGMENT OF GRANTORS
STATE OF __________ )
) ss
County of ___________ )
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Page 2 of 4
On this ____ day of _______________, 20__, before me, the undersigned, a Notary Public in and for
the said State, personally appeared the Grantor, ___________________, known to me to be the identical
individual who executed the foregoing instrument, who acknowledged to me that the individual executed
the same as the free and voluntary act of said Grantor, with full authority to do so and with full knowledge
of its contents, for the uses and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this day and year
above written.
Notary Public in and for the State of __________
My Commission Expires: ___________________
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Page 4 of 4
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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
No.6
ATTACHMENT A
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