HomeMy WebLinkAbout08-06-18 City Commission Packet Materials - C14. Res. 4945, GMPA 8 with Dick Anderson for Sports Park Paving 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. 4945 - Guaranteed Maximum Price Amendment No. 8 for Sports Park Additional Paving and Drainage Structures
MEETING DATE: August 6, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Adopt Resolution No. 4945 approving Guaranteed Maximum Price Amendment No. 7 with Dick Anderson Construction, Inc. to add addition site work (irrigation and drainage) associated with Fields 5 and 6 (synthetic turf fields) for an amount not to exceed
$102,164.93 for a total contract amount of $4,810,565.98, including Amendment Nos. 1, 2, 3, 4, 5, 6, 7 and 8 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. 8 includes two site work items to serve fields 5 and 6: 1) irrigation
extension (for perimeter landscaping as well as rinsing the fields); and 2) additional drainage
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structures to handle runoff. The consulting engineer and Parks Division TOP Manager have reviewed pricing and determined it to be acceptable as it is in line with previous unit pricing.
UNRESOLVED ISSUES: An amendment to the installation contract with FieldTurf® is to
cover additional grading, structural fill, and drainage is forthcoming (awaiting final pricing).
ALTERNATIVES: Per Commission.
FISCAL EFFECTS: The GMP Amendment will allow the project to proceed as previously approved.
ATTACHMENTS:
Resolution 4945
Attachment A – AIA A133 Exhibit A - Guaranteed Maximum Price Amendment No. 8
Attachment B – GCCM Proposal
Report compiled on: July 26, 2018
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COMMISSION RESOLUTION NO. 4945
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, APPROVING THE GUARANTEED MAXIMUM PRICE AMENDMENT
NO. 8 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, 4895, and 4912 (GMP Amendment Nos. 1, 2, 3,
4, 5, 6 and 7 respectively, to the GCCM contract); and
WHEREAS, additional work beyond the scope of what was previously approved needs
to be performed, which includes: 1) irrigation extension; and 2) drainage structures to serve fields
5 and 6 (synthetic turf fields).
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. 8, together with Attachment B
– GCCM Proposal, 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.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 6th day of August, 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 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. 8) is guaranteed by the Construction Manager not to exceed one hundred two thousand one hundred sixty-four dollars and 93 cents, ($102,164.93), for 1) irrigation extension; and 2)dry wells for a total contract sum offour million eight hundred ten thousand five hundred sixty-five dollars and 98 cents($4,810,565.98 ) subject to additions and deductions by Change Order as provided in the Contract Documents, and as illustrated in Attachment B, Exhibits A and B(1) and B(2).
§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.
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.
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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No.8
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.) §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, with addenda, and Exhibits B(1) - Irrigation and B(2) - Drainage of Attachment B (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: August 15, 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)
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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 term is defined in Article 6 of this Agreement.
§A.1.1.1 The Contract Sum (No. 8) is guaranteed by the Construction Manager not to exceed one hundred two thousand one hundred sixty-four dollars and 93 cents, ($102,164.93), for 1) irrigation extension; and 2)dry wells for a total contract sum offour million eight hundred ten thousand five hundred sixty-five dollars and 98 cents($4,810,565.98 ) subject to additions and deductions by Change Order as provided in the Contract Documents, and as illustrated in Attachment B, Exhibits A and B(1) and B(2).
§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.
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.
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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No.8
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.) §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, with addenda, and Exhibits B(1) - Irrigation and B(2) - Drainage of Attachment B (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: August 15, 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)
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Exhibit A
The Contractor is hereby directed to make the following changes in the Contract upon receipt of an approved copy of this Amendment.
ITEM NO.COST
(Indicate + or -)
1 80,600.00$
2 32,000.00$
3 (18,600.00)$
5
6
7
8
9 94,000.00$
10 5,170.00$
11 99,170.00$
12 991.70$
13 991.70$
14 -$
15 101,153.40$
16 1,011.53$
17
18 102,164.93$
19
20 102,164.93$
1. Original Contract Amount
2. Net Change by Previous Change Orders/Amendments
3. Current Contract Amount (1+2)
4. Amendment #8 Total Amount
5. New Contract Amount (3+4)
6. Total Cost of All Amendments to Date
Approved by Architect:Date:
Approved by Contractor:Date:
Approved by Owner:Date:
4,810,565.98$
4,506,804.91$
APPROVALS
CONTRACT STATUS
303,761.07$
4,404,639.98$
4,708,401.05$
102,164.93$
TOTAL
SUBTOTAL
GCCM fee @ 5.5%
Subtotal line 9, 10
Bond 1%
Insurance 1%
General conditions
Subtotal Line 11, 12, 13,14
State Gross Receipts Tax 1%
Proposed Contingency 2%
TOTAL COST
Contractor: Dick Anderson Construction Date: July 25, 2018
Address: 2525 Palmer St. Suite 1, Missoula, MT 59808 Phone: 406-360-6673
DESCRIPTION / UNIT BREAKDOWN / UNIT COSTS
SEE ATTACHED BREAKDOWN
Synthetic Turf Mainline Irrigation
Drywells for Synthetic Turf Fields
Phase 1-reduced scope, removed placing topsoil in Mass Grading Package
Proposed GMP Amendment for Bozeman
Sports Site Improvements
Bozeman Sports Park dry wells and mainline irrigation for Synthetic
Turf Fields DAC Project #: 02-16-238
Location: Bozeman GMP Amendment #: 8
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