HomeMy WebLinkAbout05-14-18 City Commission Packet Materials - C8. Resolution 4912, GMPA No. 7 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. 4912 - Guaranteed Maximum Price Amendment No. 7 for Sports Park Additional Paving and Storm Sewer Extension
MEETING DATE: May 14, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Adopt Resolution No. 4912 approving Guaranteed Maximum Price Amendment No. 7 with Dick Anderson Construction, Inc. to: 1) award the bid alternate for additional paving; and 2) authorize storm sewer extension site work for an amount not to exceed
$142,738.05, for a total contract amount of $4,708,401.05, including Amendment Nos. 1, 2, 3, 4,
5, 6 and 7 per Attachments A and B.
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 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 (“GMP”) Amendment Nos. 1 - 6 were previously approved by Commission for a total contact amount of $4,565,663.00.
GMP Amendment No. 7 includes two scopes of work: 1) the bid alternate for additional asphalt
paving for a portion of the Phase 1 parking lot; and 2) additional work to extend the storm sewer
166
further into the park to accommodate fields 5 and 6 (change order). The consulting engineer and Parks Division TOP Manager have reviewed pricing for the change order and determined it to be acceptable as it is in line with previous unit pricing.
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 GMP Amendment will allow the project to proceed as previously approved.
ATTACHMENTS:
Resolution 4912
Attachment A – AIA A133 Exhibit A - Guaranteed Maximum Price Amendment No. 7
Attachment B – GCCM Proposal
Report compiled on: May 3, 2018
167
COMMISSION RESOLUTION NO. 4912
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING THE GUARANTEED MAXIMUM PRICE AMENDMENT
NO. 7 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, portions of the work were previously approved under Commission
Resolution Nos. 4754, 4793, 4805, 4836, 4856, and 4895 (GMP Amendment Nos. 1, 2, 3, 4, 5 and
6 respectively, to the GCCM contract); and
WHEREAS, additional work beyond the scope of what was previously approved needs
to be performed, which includes: 1) paving as delineated in Bid Alternate No. 1; and 2) extension
of the storm sewer further into the park.
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. 7, 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.
168
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 14th day of May, 2018.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
________________________________________
ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN City Attorney
169
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 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 forty-two thousand seven hundred thirty-eight dollars and 05 cents, ($142,738.05), for 1) Bid Add Alternate No. 1 for additional paving ("Exhibit C" ofAttachment "B"); and 2)storm sewer extension for a total contract sum of fourmillion seven hundred eight thousand four hundred one dollars and 05 cents($4,708,401.05 ) 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 DeletionsReport 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
No.7
ATTACHMENT A
170
(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.) « Bid Alternate No.1» §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 site work 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: original project drawings dated Nov. 11, 2016 and "Exhibit B" of Attachment B - FD04 dated 12-07-17 (attached).§ 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 for the Contract established by this Amendment: September 1, 2018.
OWNER (Signature / date) Andrea SurrattBozeman City Manager CONSTRUCTION MANAGER (Signature / date) By: _____________________________________________________ Name / TitleDick 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
171
172
173
174
175
176
177