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HomeMy WebLinkAboutC10. Agreement Bzn Sparks 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: Agreement with Dick Anderson Construction, Inc. for General Contractor / Construction Manager Services for the Bozeman Sports Park MEETING DATE: May 23, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve the Agreement with Dick Anderson Construction, Inc. for pre-construction and construction services (“Agreement Between Owner and Contractor as Constructor” – Attachment A) for the Bozeman Sports Park. 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”). A Professional Services Agreement for design and engineering services was executed with DOWL for Task Order One of the project’s scope of work, which includes preparation of the Master Site Plan for review and recommendation to Commission by the Development Review Committee (DRC). The Master Site Plan has gone through Informal Review by the DRC and following completion of minor design revisions, will complete formal review and be brought to Commission for approval in June. A Request for Qualifications and Request for Proposals was publicly advertised March 22, 2016. Submittals were received from four companies of which three were selected to be invited to submit proposals and interview with the Selection Committee. The six-person Selection Committee was comprised of the Director of Parks and Recreation, the Operations Superintendent 358 of Parks and Recreation, two members of the Bozeman Sports Park Foundation Board, the Project Engineer from DOWL, and the Recreation and Park Advisory Board member who is the liaison to the Trails, Open Space and Parks Committee. The TOP Manager facilitated and documented the selection process. The Selection Committee unanimously recommended awarding the contract to Dick Anderson Construction, Inc. The attached scoresheets summarize the Selection Committee’s scoring (Attachment B). The Scope of Work for the GCCM includes a provision for assisting the City and the Bozeman Sports Park Foundation with soliciting and incorporating appropriate in-kind donations into the project. The contract (Attachment A plus exhibits) includes the following estimated fees for the GCCM services by Dick Anderson Construction: General Conditions Costs Office Expenses $12,062.50 / month Construction Management Labor $13,000.00 / month Bonds, mobilization $30,000.000 lump sum Pre-construction Services $20,000.00 lump sum Percentage of Cost of the Work 5.5% (negotiated down from 6%) The total estimated fee is approximately $415,500 for Phase I. The anticipated project schedule is as follows: DRC Review of Master Site Plan May 25 – June 1 Master Plan to Commission mid-late June Design Development of Phase I Site Plan June 1– 15 Preliminary Phase I Cost Estimate June 15 Site Plan Review by DRC meetings (estimated) June 15 – June 30 Phase I Construction Documents to 70% June 27 Solicitation of Donations by BSPF June 27 – July 29 Completion of Construction Documents August 1 – August 26 Final Pre-Bid Cost Estimate and CD Package August 31 GC/CM Solicitation of Bids Sept. 4 – Sept. 20 Advertise 9/4 and 9/11; bids open 9/20 Presentation of Guaranteed Maximum Price to City Commission (Exhibit A) October 3, 2016 Construction of Phase I improvements is schedule to take place from October 2016 through August 2017. City engineering, community development, and parks department staff will continue to hold project status meetings to ensure that road and infrastructure design and construction in the rights-of-way surrounding the park, as well as improvements on adjacent properties being developed, are well coordinated. 359 UNRESOLVED ISSUES: An update on the status of the Bozeman Sports Park Foundation’s fundraising effort will be presented to Commission at the time of the Master Site Plan presentation. ALTERNATIVES: Per Commission. FISCAL EFFECTS: The Agreement will allow the project to proceed as previously approved. ATTACHMENTS: Attachment A – Agreement between City of Bozeman (Owner) and Dick Anderson Construction, Inc. (Construction Manager) for the Bozeman Sports Park (Project) Attachment B – Statement of Qualifications and Proposal Scores Report compiled on: May 16, 2016 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 AIA® Document A133TM – 2009 Exhibit A Guaranteed Maximum Price Amendment AIA Document A133™ – 2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 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 law. 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) 1 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 A201™–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. 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 is guaranteed by the Construction Manager not to exceed « » ($ « » ), 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. (Provide below or reference an attachment.) « » § 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: 429 AIA Document A133™ – 2009 Exhibit A. Copyright © 1991, 2003 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution 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 law. 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 (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 Price ($0.00) « » § A.1.1.5 Assumptions, if any, on which the Guaranteed Maximum Price is based: « » § A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract: Document Title Date Pages « » § A.1.1.7 The Guaranteed Maximum Price is based upon the following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Agreement.) « » Section Title Date Pages « » § A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Agreement.) « » Number Title Date « » § A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Agreement.) « » ARTICLE A.2 § A.2.1 The anticipated date of Substantial Completion established by this Amendment: « » « » « » OWNER (Signature) CONSTRUCTION MANAGER (Signature) « »« » « »« » (Printed name and title) (Printed name and title) 430 EXHIBIT B to AIA Document A133 – 2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor 431 EXHIBIT C to AIA Document A133 – 2009, Standard Form of Agreement Between Owner and Construction Manager as Constructor PRECONSTRUCTION PHASE PAYMENTS Preconstruction services will be provided on a fixed fee basis. PHASE ONE: The period of time from the time the General Contractor/Construction Manager contract commences until Conditional Site Plan approval is obtained from the Community Development Department and the 70% complete set of Construction Documents is submitted to the City by the Architect. Fixed Fee for Phase One: $__10,000.00______ (_ten thousand_Dollars) PHASE TWO: The period of time from the time Conditional Site Plan approval from the Community Development Department is obtained and the 70% complete set of Construction Documents is submitted to the City by the Design Consultant until the Owner agrees to a Guaranteed Maximum Price as set forth in Section 5.2 of the AIA A-133 – 2009. Fixed Fee for Phase Two: $__10,000.00_____ (_ten thousand_Dollars) 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 BOZEMAN SPORTS PARK GCCM RFQ/RFP 5/3/2016 COMPANY RANK PROJ. TEAM EXP.TEAM QUAL.SCHEDULESOQ SCORES MARTEL 1 40+40+40+35+35+40 38.33 5+20+13+19+15+20 15.33 18+20+15+20+15+15 17.17 LANGLAS 2 30+40+35+35+35+40 35.83 18+20+14+20+15+20 17.83 20+15+15+20+18+15 17.17 DICK ANDERSON 3 40+40+20+30+30+40 33.33 15+20+10+18+18+20 16.83 10+20+14+15+18+18 15.83 MONTANA CIVIL 4 18+10+19+35+0+20 17 15+10+10+15+0+10 10 18+17+14+20+3+10 13.67 230 38.3333 92 15.333 103 17.1667 215 35.8333 107 17.833 103 17.1667 200 33.3333 101 16.833 95 15.8333 102 17 60 10 82 13.6667 PROPOSAL SCORES RANK TOTAL COMB AVG. DICK ANDERSON 95+100+89+89+93+91 557 92.83 1 174.31 1 LANGLAS 91+93+80+83+70+82 499 83.17 2 170.50 2 MARTEL 90+83+79+71+71+79 473 78.83 3 166.82 3 PROPOSAL COSTS MONTHLY #MOS CONSTRUCTION FEE OTHER DICK ANDERSON $25,062.50 8 $165,000.00 5.5 $20,000.00 LANGLAS $29,000.00 11 $165,000.00 5.5 $30,000.00 MARTEL $27,700.00 NA $165,000.00 5.5 $24,458.00 470