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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 141 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 142 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. 143 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 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 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 275