HomeMy WebLinkAbout04-09-18 City Commission Packet Materials - C9. Resolution 4901, Construction Agreement and GMP 1 for Story Mill TOPs Project
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. 4901 – Acceptance of Agreement for Construction
Services and Guaranteed Maximum Price Amendment No. 1 for the Story
Mill Community Park TOP Project
MEETING DATE: April 9, 2018
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Adopt Resolution No. 4901 accepting the Agreement for Construction
Services and Guaranteed Maximum Price Amendment No. 1 for the Story Mill Community Park
TOP Project (“Attachment A”) in partial fulfillment of the terms of the Memorandum of
Understanding with The Trust for Public Land approved by Commission via Resolution 4572.
BACKGROUND: Resolution No. 4517 approved the allocation of Trails, Open Space and
Parks (TOP) bond funding in an amount not to exceed $4,500,000 for the acquisition of park land
and the development of the Story Mill Community Park contingent upon: (i) the City entering into
a binding Memorandum of Understanding with The Trust for Public Land describing the financial and in-kind contributions proposed by TPL; and (ii) closing on a purchase and sale agreement for
the property. Resolution 4572 authorized the City Manager to sign a Memorandum of
Understanding, a Real Estate Purchase and Sale Agreement and License Agreement between the
City of Bozeman and The Trust for Public Land. Both resolutions were adopted in 2014.
The MOU stipulates that The Trust for Public Land shall do the following: 1) obtain input from and work cooperatively with the City and follow the City’s procurement policies and procedures
in undertaking all activities associated with the planning, design, and construction of the Park
Project; 2) complete the ecological restoration project as previously approved by the City and
assign all warranties for site improvements to the City; 3) hire and pay for a design and engineering consultant team to: a) prepare a final Master Plan for the Park Project, which will be submitted to the DRC and Commission for approval; b) prepare construction documents for
construction of all site improvements for the Park Project; c) contract for and manage all facets of
construction and site work supervision for the Park Project; 4) provide invoices and such other
documentation sufficient to evidence to the City’s satisfaction the value of any in-kind contributions to the Park Project; and 5) submit requests for reimbursement/payment to the City
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to cover the costs of site improvements approved by the City and in conformance with the budget
approved by the Commission.
The Story Mill Community Park Master Plan was adopted by Commission on November 7, 2016.
The Story Mill Community Park Site Plan (Application 17257) for park improvements to be completed under the subject agreement was approved administratively on October 16, 2017.
Commission approved Resolution 4864 authorizing the use of an alternate delivery contract for
the hiring a General Contractor/Construction Manager (“GCCM”) in accordance with Section 18
– 2 – 502 Montana Code Annotated. A selection process was conducted and a GCCM (Langlas
and Associates, Inc.) was hired by The Trust for Public Land to complete pre-construction (value engineering) and bidding services in December 2017. Subcontractor bids were advertised in
accordance with the City’s Purchasing Policy and were received on March 4, 2018.
City staff, together with The Trust for Public Land, the design consultant team and the GCCM
reviewed all responsible bids and recommended acceptance of the Agreement between Owner and
Construction Manager as Constructor, including Guaranteed Maximum Price Amendment No. 1 (Attachment A with Exhibits A and B), in conformance with the previously approved MOU. The
GCCM’s General Conditions are delineated in Attachment B. The revised project budget is
delineated in Attachment C.
UNRESOLVED ISSUES: None.
ALTERNATIVES: Per Commission.
FISCAL EFFECTS: Acceptance of the Agreement will allow the project to proceed as
stipulated in the MOU and in accordance with applicable city approvals.
ATTACHMENTS:
Commission Resolution 4901
Attachment A - AIA Document A133 – 2009 Standard Form of Agreement between Owner and
Construction Manager as Constructor, with Exhibit A: Guaranteed Maximum Price Amendment
No. 1 and Exhibit B: Addendum for Nature Trail Construction
Attachment B - AIA Document A201 – 2007 General Conditions of the Contract for Construction
Attachment C – Cover Letter from The Trust for Public Land including revised project budget
Report compiled on: March 29, 2018
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COMMISSION RESOLUTION NO. 4901
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, ACCEPTING THE AGREEMENT BETWEEN OWNER AND
CONSTRUCTION MANAGER AS CONSTRUCTOR AND GUARANTEED MAXIMUM
PRICE AMENDMENT NO. 1 FOR THE STORY MILL COMMUNITY PARK TRAILS,
OPEN SPACE AND PARKS CONSTRUCTION PROJECT, IN ACCORDANCE WITH
THE MEMORANDUM OF UNDERSTANDING WITH THE TRUST FOR PUBLIC LAND
WHEREAS, Resolution 4572 authorized the City Manager to sign a Memorandum of
Understanding between the City of Bozeman and The Trust for Public Land (“TPL”), the terms of
which stipulated that the TPL contract for and manage all facets of construction and site work
supervision for the Story Mill Community Park Construction Project (“Park Project”); and
WHEREAS, Commission approved Resolution 4864 authorizing the use of an alternate
delivery contract for the hiring a General Contractor/Construction Manager (“GCCM”) in
accordance with Section 18 – 2 – 502 Montana Code Annotated, who was then hired by TPL to
complete pre-construction and bidding services; and
WHEREAS, subcontractor bids were advertised in accordance with the City’s
Purchasing Policy and state law; and
WHEREAS, City staff, together with The Trust for Public Land, the design consultant
team and the GCCM reviewed all responsible bids and recommend acceptance of the “Agreement
between Owner and Construction Manager as Constructor,” including “Guaranteed Maximum
Price Amendment No. 1” and “General Conditions of the Contract” (Attachment A with Exhibits
A and B; and Attachment B), in conformance with the previously approved MOU.
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NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that the “Agreement between Owner and Construction Manager as
Constructor,” including “Guaranteed Maximum Price Amendment No. 1” and “General
Conditions of the Contract” (Attachment A with Exhibits A and B; and Attachment B), is hereby
accepted, in partial fulfillment of and in conformance with, Resolution 4572 (the previously
approved Memorandum of Understanding with The Trust for Public Land) and applicable
Montana state law.
PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 9th day of April, 2018.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
________________________________________
ROBIN CROUGH
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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To: Mitch Overton, City of Bozeman Parks Department
From: Maddy Pope, Trust for Public Land Project Manager
Date: March 28, 2018
Re: Story Mill Community Park Guaranteed Maximum Price & Construction Contract
We submit for review the Guaranteed Maximum Price Amendment and AIA Construction Contracts for the Story Mill
Community Park per the terms and conditions of the Memorandum of Understand (1/9/2015) and the License
Agreement (12/23/2014) executed between The Trust for Public Land and the City of Bozeman.
Langlas and Associates was selected by The Trust for Public Land and the City of Bozeman as the Construction Manager
General Contractor (CMGC) for the Story Mill Community Park project. Construction of the Park is slated to begin spring
2018 and will be completed by July 2019.
Langlas managed the solicitation of bids through an open market public bidding process for the Story Mill Community
Project. The Trust for Public Land will enter into a contract with Langlas and Associates including a Guaranteed Max
Price (GMP) Amendment for $5,745,927. Items shown as an allowance are items that will be negotiated work or rebid.
The GMP Amendment (attached) includes a breakout of General Conditions and project costs.
Story Mill Community Park Hard Construction Costs
Construction Revenue
City of Bozeman $1,878,676
Trust for Public Land $4,621,324
Total Project Revenue $6,500,000
Hard Construction Costs
Guaranteed Maximum Price $5,745,927
Construction Contingency $581,189
Other Construction Costs* $172,884
Total Project Costs $6,500,000
*Other Construction Costs Breakout
Story Mill Rd turn lanes $10,000
CILWR $3,204
Abatement testing $4,976
Transportation Impact fees $34,758
Water meter & building permits $25,000
ADA Ramp for Community Center $2,000
Northwestern Energy Fees $68,000
Building Permit Plan Check Fees $4,946
Special Inspections $20,000
*Total Other Construction Costs $172,884
Project Team
City of Bozeman, Mitch Overton Design Workshop, Kurt Culbertson
The Trust for Public Land, Maddy Pope Stahly Engineering, Cordell Pool
Tate Management, Cristie Tate Design 5, Troy Scherer
Langlas & Associates, Loren Cantrell Intrinsik Architecture, Rob Pertzborn
RESPEC Riparian Consulting, Mike Rotar
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