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Home My WebLink About10-01-18 City Commission Packet Materials - C7. Res. 4946, Amendment 1 to CA with Field Turf for Bozeman Sports Park Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Mitch Overton – Director of Parks and Recreation Anna Rosenberry, Asst. City Manager SUBJECT: Resolution 4946 – Change Order No. 1 to the Construction Agreement with FieldTurf® for Bozeman Sports Park MEETING DATE: October 1, 2018 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Resolution 4946 authorizing the City Manager to sign Change Order No. 1 to the Construction Agreement with FieldTurf® for additional site work associated with construction of synthetic turf fields at the Bozeman Sports Park. BACKGROUND: In April 14, 2014 the Commission allocated Trails, Open Space and Parks (TOP) bond funding for the acquisition of parkland and development of the Bozeman Sports Park Project (the Park.) We have been working with the Bozeman Sports Parks Foundation to develop agreements to fund a loan of up to $1,700,000 to construct sports fields and related infrastructure, including purchase of synthetic turf at the site. On June 11, 2018 City Commission approved a Purchase Agreement for $779,323.66 and Construction Agreement with Field Turf for $796,396 for the purchase and installation of two synthetic turf fields at the Park for a total price of $1,575,719.66. Upon initial excavating and subsequent testing of soils it has been determined that additional grading, a cement treatment base, and a woven liner should be added to ensure all tolerances are met for field performance, longevity and warranty. In order to complete the fields, the scope of services in the Construction Agreement now needs be amended to include work for the mass excavation, cement treatment, and woven liner shown in Exhibit A, at a total of $428,831.71. Field Turf is confident that their proposed cement treatment base will be a suitable solution for the Park’s fields. They refer to numerous installations that they have completed using similar cement stabilization treatments: three (3) fields in for the public schools in Bismark, ND, at the US Naval Base in Millington, TN, and at Notre Dame’s Eck Baseball Stadium in Indiana. They also have a history of using a lime stabilization system on over 1,000 fields around the country. This amendment to the contract makes no changes to the original one-year construction warranty provided by Field Turf. The original construction agreement reads, in part, “All equipment, materials, and labor provided to, on, or for the Construction Project must be free of defects and nonconformities in design, materials, and workmanship for a minimum period beginning with the commencement of the work on the Construction Project and ending one (1) calendar year from the 107 final completion and acceptance by the City of the Construction Project, regardless of whether such equipment, materials, or labor were supplied directly by Contractor or indirectly by Contractor’s subcontractors or suppliers.” More information on the warranty provisions of the construction agreement can be found in Section 9 of the Construction Agreement, using the link above. This amendment makes no changes to the turf purchase agreement, which contains an 8- year insured warranty on the turf product. At the Bozeman Sports Parks Foundation meeting of September 19, 2018 the board voted to recommend approving the amendment to the contract and voted to pay up to $300,000 from Foundation funds toward the additional work. The balance of the work will be paid for by unallocated loan funds and contingency from the first phase of the project. (See fiscal effects below.) UNRESOLVED ISSUES: None for field installation. Some perimeter landscaping and paths will need to be completed around the synthetic turf fields in the future. ALTERNATIVES: Per Commission. FISCAL EFFECTS: Awarding this contract amendment of $428,831.71 will adjust the full price for the construction and purchase of the two artificial turf fields to $2,004,551.37. Additional engineering work and mulch/access trail costs are expected to bring the total price of the project to $2,022,051.37 Below is a listing of the Sources and Uses of Funds for this portion of the Park development. As you can see, with the maximum amount approved by the Sports Parks Foundation, our funding sources exceed planned uses by over $77,000. The Foundation’s contribution will be adjusted based on our actual spending on the project. After the fields are installed, some work outside the fields will remain to be completed next spring and summer to install asphalt and aggregate paths on the perimeter of the fields. Those costs are Sports Park Construction Budget Phase 1B - Artificial Turf Sources of Funds: Loan - City of Bozeman 1,700,000.00$ Contingency from Phase 1A - Grass Fields 100,000.00$ Sports Park Foundation Additional Contribution - Maximum 300,000.00$ Total Sources:2,100,000.00$ Uses of Funds: Field Turf Construction Agreement - June 11, 2018 796,396.00$ Field Turf Purchase Agreement - June 11, 2018 779,323.66$ Field Turf - Construction Agreement Amendment - Oct 1, 2018 428,831.71$ Engineering work - estimate 7,500.00$ Mulch & Access Trail 10,000.00$ Total Uses:2,022,051.37$ Excess Amount 77,948.63$ 108 expected to be approximately $206,000, and the Foundation is working on fundraising for those items. ATTACHMENTS: Resolution No. 4946 – Change Order No. 1 to Construction Agreement Report compiled on: September 20, 2018 109 RESOLUTION NO. 4946 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING CHANGE ORDER NO. 1 TO THE CONSTRUCTION AGREEMENT WITH FIELDTURF® FOR THE BOZEMAN SPORTS PARK WHEREAS, on June 11, 2018, the City Commission approved the “Construction Agreement” with FieldTurf® for installation of synthetic turf sports fields at the Bozeman Sports Park; and WHEREAS, Section 7-5-4308, Montana Code Annotated, provides that any alterations or modifications of the specifications and/or plans of a contract be made by resolution; and WHEREAS, additional work beyond the scope of what was previously approved needs to be performed, which includes: 1) additional excavation; and 2) installation of structural fill, cement treatment and liner to ensure proper construction of the synthetic turf fields. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modification to the contract between the City of Bozeman, a municipal corporation, and FieldTurf® as indicated in “Exhibit A – Contract Change Order Proposal, Change Order #1” attached hereto, is hereby approved; the City Manager is hereby authorized and directed to execute the contract amendment for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. 110 PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 1st day of October, 2018. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _____________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 111 FieldTurf USA, Inc. Authorized Representative Date Performance & Payment Bonds.6,337.41$ Contract Change Order Proposal Date: September 21, 2018 Change Order # 1 From:FieldTurf USA, Inc.To:City of Bozeman, Montana 175N Industrial P.O. Box 1231 Calhoun, GA 30701 Bozeman, MT 59771-1231 Phone: 1 800 724 2969 Project:Bozeman Sports Park Contact:Mitchell Overton, Director Parks & Rec Construction Agreement Phone:406.582.3222 4600 Baxter Lane Fax: Bozeman, MT 59718 Email:Moverton@BOZEMAN.NET Original Contract:796,396.58$ Previous Change Orders:-$ Current Change Order:428,831.71$ Revised Contract Total:1,225,228.29$ Description Total Cost Mass Excavation to Subgrade Elevations on Planset Dated 08/24/18.75,156.80$ Cement Treatment of Subgrade (12" @ 8%).312,440.00$ Furnish & Install 12 mil Woven Coated Liner.34,897.50$ Subtotal:422,494.30$ If all the terms of this change order are acceptable please have an authorized representative sign the bottom of this document and return it to FieldTurf's Montreal office, or as otherwise provided in the contract documents. FieldTurf will, in turn, provide a fully executed copy for your records. Once this document is fully executed, it will be considered a revision/modification to the original contract or purchase order. City of Bozeman, Montana Authorized Representative Date TOTAL:428,831.71$ Notes/Exclusions: Does not include hazardous materials, export of materials offsite, dewatering, permits, any materials placed in playground, drywells, seeding, turf establishment, balance of work outside of fields (#1-8 on proposal dated 09/19/18), any restoration other than listed above. Quote is valid for thirty (10) calendar days The Contract Time will be increased by ___30____ days. It is mutually agreed that for the above-referenced changes to take place, the original contract price will be adjusted by the above-referenced amount, which will become payable in accordance with the same terms and conditions as in the original contract or purchase order: 428,831.71$ Scope to Include:Mass Excavation to Subgrade per Elevations on Planset Dated 08/24/18.Cement Treatment of Subgrade Under Fields 5&6 -12" @ 8%.Furnish & Install 12 mil Woven Coated Liner on top of Cement Treatment Under Fields 5&6. 112