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HomeMy WebLinkAbout11-27-17 City Commission Packet Materials - C6. Resolution 4864, Authorizing GCCM for Story Mill Community 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 4864 Authorizing the Use of an Alternative Project Delivery Contract for a Construction Manager/General Contractor for Pre-construction and Construction Services for the Story Mill Community Park Trails, Open Space and Parks Bond Project MEETING DATE: November 27, 2017 AGENDA ITEM TYPE: Consent RECOMMENDATION: Adopt Resolution 4864 authorizing the City Manager to execute, on behalf of the City of Bozeman, an alternative project delivery contract with a general contractor-construction manager for pre-construction and construction services for the Story Mill Community Park Trails, Open Space and Parks Bond Project. RECOMMENDED MOTION: Having considered public comment and the information presented by staff, I hereby move to adopt Resolution 4864 authorizing the City Manager to execute an alternative project delivery contract for the pre-construction and construction services for the Story Mill Community Park Trails, Open Space and Parks Bond Project. SUMMARY: In 2005, the Montana Legislature created an alternative project delivery process for certain construction projects of the state and certain local governments. MCA 18-2-502 establishes requirements that must be met in order to use an alternative project delivery contract, including a written justification. City staff recommend using the General Contractor/ Construction Manager (GC/CM) process in the continued design and construction of the Story Mill Community Park Project (“Park Project”) as set forth in Resolution 4864. BACKGROUND: Resolution No. 4517 approved the allocation of $4,500,000 in Trails, Open Space and Parks (“TOP”) bond funding for the acquisition of park land and the development of the Story Mill Community Park (“Park”). A Memorandum of Understanding with The Trust for Public Land (“TPL”) describing financial and in-kind contributions and both parties’ obligations and responsibilities in developing the Park property, a license agreement for access and activities on the property during development, and a purchase and sale agreement for the property were approved in December 2014. A Professional Services Agreement for design and engineering 62 services was executed by TPL in 2015 to hire a team of consultants led by Design Workshop to complete design and engineering for the Park Project. The pre-bid phase of the Park Project is now underway. In order to ensure the most cost-effective design in terms of project specifications, bidding, and contracting of construction services, as well as to facilitate the incorporation of potential in-kind services and donations, utilization of an alternative project delivery contract is proposed. A General Contractor / Construction Manager will be hired through a competitive process to assist with value engineering and provide cost estimating, bidding, contract management, and construction management services for the development of Story Mill Community Park. Fulfillment of the requirements stipulated in MCA Title 18 Chapter 2, Part 5 is described below: (1) Subject to the provisions of this part, a state agency or a governing body may use an alternative project delivery contract. A state agency or governing body that uses an alternative project delivery contract shall: (a) demonstrate that the state agency or the governing body has or will have knowledgeable staff or consultants who have the capacity to manage an alternative project delivery contract The project manager (Carolyn Poissant, MLA, MPA, AICP) has over 30 years of public park design and construction contract management and will coordinate with City Engineering and Legal staff as needed for review of project documents and procedures. (b) clearly describe the manner in which: (i) the alternative project delivery contract award process will be conducted; and (ii) subcontractors and suppliers will be selected. A Request for Qualifications/Request for Proposals will be published and the GC/CM will be selected in a qualifications-based selection process. Selection of subcontractors and suppliers will be handled by the General Contractor / Construction Manager in accordance with applicable competitive bidding procedures outlined in the City of Bozeman’s Purchasing Policy (Administrative Order 2013 -06). (2) Prior to awarding an alternative project delivery contract, the state agency or the governing body shall determine that the proposal meets at least two of the sets of criteria described in subsections (2)(a) through (2)(c) and the provisions of subsection (3). To make the determination, the state agency or the governing body shall make a detailed written finding that: (a) the project has significant schedule ramifications and using the alternative project delivery contract is necessary to meet critical deadlines by shortening the duration of construction. Factors that the state agency or the governing body may consider in making its findings include, but are not limited to: (i) operational and financial data that show significant savings or increased opportunities for generating revenue as a result of early project completion; (ii) demonstrable public benefits that result from less time for construction; or (iii) less or a shorter duration of disruption to the public facility. 63 (a) (i) The Agreement between the City and the Trust for Public Land anticipates the use of materials donations to be secured by TPL and approved by the city. Such materials shall be represented as “Provided by Owner” on the Park Project contract documents. (a) (ii) Use of a GCCM will expedite the bidding and award of construction which will allow the facility to be completed at an earlier date. It will also help ensure that the City does not have to re-bid the project due to bid proposals possibly exceeding the budget. (iii) A shorter duration of construction will result in less disruption of public roads and other facilities surrounding the Park. (b) by using an alternative project delivery contract, the design process will contribute to significant cost savings. Significant cost savings that may justify an alternative project delivery contract may derive from but are not limited to value engineering, building systems analysis, life cycle analysis, and construction planning. (b) The GC/CM pre-construction services will include assistance with value engineering of the bidding and construction methods, which is expected to result in substantial cost savings for the project. The City has successfully used the GC/CM project delivery method in the construction of several municipal construction projects. The GC/CM model involves the general contractor in the final design process to review constructability, methods and means of construction, efficiency of bid schedules, and quality of specifications. (c) the project presents significant technical complexities that necessitate the use of an alternative delivery project contract. (c) Technical complexities involving the coordination of large-scale site work operations, oversight of multiple subcontractors, and use of donated materials that meet project specifications necessitate the use of an alternative delivery project contract. (3) The state agency or the governing body shall make a detailed written finding that using an alternative project delivery contract will not: (a) encourage favoritism or bias in awarding the contract; or (b) substantially diminish competition for the contract. City staff is preparing a Request for Qualifications/Request for Proposals to select the GC/CM for this project with the final selection of the GC/CM to be made on the basis of merit and qualifications. Elements of the construction project are bid to ensure competitive prices are received by the City. Each phase of construction will be presented to the Commission for approval of a Guaranteed Maximum Price for the work. 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. 64 UNRESOLVED ISSUES: None. ALTERNATIVES: Utilize the traditional competitive bid project delivery process. FISCAL EFFECTS: The Agreement will allow the project to proceed as previously approved. ATTACHMENTS: Resolution 4864 Report compiled on: November 13, 2017 65 Page 1 of 3 COMMISSION RESOLUTION NO. 4864 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE USE OF AN ALTERNATIVE PROJECT DELIVERY CONTRACT FOR A GENERAL CONTRACTOR/CONSTRUCTION MANAGER FOR PRECONSTRUCTION AND CONSTRUCTION SERVICES FOR THE STORY MILL COMMUNITY PARK 2012 TRAILS, OPEN SPACE AND PARKS BOND PROJECT. WHEREAS, the City of Bozeman will be constructing the Story Mill Community Park and is in need of a general contractor/construction manager to provide pre-construction and construction services for the project; and WHEREAS, Sec. 18-2-502, MCA, authorizes a local governing body, upon adoption of a resolution to use an alternative project delivery contract upon showing specific statutory criteria have been met; and WHEREAS, the City Commission determines the use of a general contractor/construction manager for pre-construction and construction services is in the best interest of the City. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 The Bozeman City Commission hereby authorizes the use of an alternative project delivery contract for a general contractor/construction manager for services related to value engineering, bidding, and construction of the Story Mill Community Park. 69 Resolution 4864, Authorizing a GC/CM for the Story Mill Community Park TOPS Bond Project Page 2 of 3 Section 2 The City Commission determines: 1. The City has knowledgeable staff including the Manager of Trails, Open Space and Parks as project manager, City Attorney, engineering staff, and consultants hired under the conditions of the Memorandum of Understanding with The Trust for Public Land, who have the capacity to manage an alternative project delivery contract. 2. The contract will be awarded in a manner consistent with state law and City policies through publication of a request for qualifications and a request for proposals submitted to qualified applicants with a final selection to be made on the basis of merit and qualifications. The process will be conducted in a manner that will not encourage favoritism or bias nor substantially diminish competition, by conducting the process in an open and public manner such that all qualified applicants will be eligible for final selection, and such that the award of the contract will be based on the selected applicant’s experience and expertise. 3. The contract between the City and the Construction Manager/General Contractor will require all subcontractors to be selected through a competitive bidding process in compliance with applicable state and local law. Section 3 The City Commission determines that by using a general contractor/construction manager (GC/CM), the involvement of such a professional in the design process will contribute to significant cost savings for construction of the Story Mill Community Park facility. Significant cost savings that justify an alternative project delivery contract in this case derive from but are not limited to value engineering, facilitation of donations and in-kind services, construction logistics planning, bidding, and construction supervision. Use of a GC/CM will expedite the bidding and 70 Resolution 4864, Authorizing a GC/CM for the Story Mill Community Park TOPS Bond Project Page 3 of 3 award of construction which will allow the facility to be completed at an earlier date. A shorter duration of construction will result in less disruption of public roads and other facilities surrounding the Park. Technical complexities involving the coordination of large-scale site work operations and oversight of in-kind services and donations of materials that meet project specifications necessitate the use of an alternative delivery project contract. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 27th day of November, 2017. ___________________________________ CARSON TAYLOR Mayor ATTEST: ________________________________________ ROBIN CROUGH City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 71