HomeMy WebLinkAboutApprove Resolution 4519, use of alternative project delivery contract for Police and Municipal Courts Building_8
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chuck Winn, Assistant City Manager
Greg Sullivan, City Attorney
SUBJECT: Resolution Authorizing the Use of an Alternative Project Delivery Contract
for a Construction Manager/General Contractor for Preconstruction and
Construction Services for the Bozeman Police and Municipal Courts
Building.
MEETING DATE: March 24, 2014
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve Resolution 4519 authorizing the City Manager to execute on
behalf of the City of Bozeman an alternative delivery project contract for the design and
construction of the new police and municipal courts facility.
BACKGROUND: In 2005, the Montana Legislature created an alternative project delivery
process for certain construction projects of the state and local government. 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 recommends using the General
Contractor/Construction Manager (GC/CM) process in the design and construction of the new facility to house the City’s criminal justice functions including police, courts, city attorney, and
victim services.
The City is currently in the process of designing this facility to be located at 902 N. Rouse. In
the past the City has successfully used an alternative project delivery process in the construction of several municipal construction projects including the Public Library, the Parking Garage and Fire Station 3. The GC/CM delivery method is intended to create a more collaborative
relationship between the City, architect and general contractor that is not found in a traditional
design-bid-build delivery method. The GC/CM model involves the general contractor early in
the design process to review constructability, methods and means, energy efficiency and long term durability. The GC/CM will also provide a guaranteed maximum price (GMP) for the project which will assist in the development of the bond issue for consideration by the
Commission. We have found that involving the contractor at this stage of the process results in
better cost estimates, reduced change orders and improved building design. Even though the
contractor provides a GMP, the elements of construction are still bid to ensure competitive prices are received by the City.
UNRESOLVED ISSUES: Should the Commission adopt this resolution we will continue the
process outlined in MCA 18-2-502 through the issuance of a Request for Qualifications (RFQ) /
Request for Proposal (RFP) and then negotiate a contract with the most qualified respondent to
be brought back to the Commission for approval.
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ALTERNATIVES: Utilize the traditional design-bid-build project delivery process.
FISCAL EFFECTS: The cost of the GC/CM has been included in the building design funds
appropriated in the Fiscal Year 2014 budget.
Attachments:
Commission Resolution No. 4519
GC/CM Request for Qualifications
Report compiled on: March 17, 2014
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Page 1 of 3
COMMISSION RESOLUTION NO. 4519
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 A NEW CRIMINAL
JUSTICE FACILITY.
WHEREAS, the City of Bozeman is considering construction of a new facility for the
City’s criminal justice functions and is in need of a general contractor/construction manager to
provide preconstruction and construction services; 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 preconstruction and construction services is in the best interest of the City.
NOW, THEREOFRE, 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 delivery
project contract for a general contractor/construction manager for services related to design
and construction of a facility for the City’s criminal justice functions.
Section 2
The City Commission determines:
1. The City has knowledgeable staff including the Assistant City Manager as project
manager, City Attorney, and facilities superintendent and engineering staff, and its
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Resolution 4519, Authorize Use of Alternative Project Delivery Contract for General Contractor
Construction Manager for Bozeman Community Justice Center
Page 2 of 3
consultants, including Think One Architects, 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 upon 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 such a manner that only
qualified contractors will be eligible, and that the award of the contract will be based on
experience and expertise of the applicants.
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, the
involvement of such a professional in the design process will contribute to significant cost
savings for construction of the criminal justice facility. Significant cost savings that justify an
alternative project delivery contract in this case derive from but are not limited to value
engineering, building systems analysis, life cycle analysis, and construction planning. In
addition, the City Commission determines the project presents significant technical complexities
that necessitate the use of a construction manager/general contractor because of the unique
nature of designing and constructing law enforcement and court facilities due to security
measures, technological requirements, the need to allow for future expansion of the facility, and
the unique nature of the public’s use of the facility.
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 24th day of March, 2014.
___________________________________
JEFFREY K. KRAUSS
Mayor
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Resolution 4519, Authorize Use of Alternative Project Delivery Contract for General Contractor
Construction Manager for Bozeman Community Justice Center
Page 3 of 3
ATTEST:
________________________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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REQUEST FOR QUALIFICATIONS
GENERAL CONTRACTOR /
CONSTRUCTION MANAGER SERVICES
CITY OF BOZEMAN
Police and Courts Facility
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
March 2014
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I. INTRODUCTION
The City of Bozeman (Owner), is seeking submissions from qualified General Contractor /Construction
Manager (GC/CM) firms (Submitters) to undertake preconstruction and construction services for the new
Community Police and Municipal Courts Building (the “Project”).
Owner intends to enter into a GC/CM contract with the selected GC/CM firm that will include
preconstruction services and identification of a GC/CM fee and fixed costs for general conditions work,
with provisions for adding construction services through acceptance of a guaranteed maximum price
(GMP). The GMP would include construction services through completion of the Project. Alternatively,
Owner may, at its sole discretion, choose not to continue the GC/CM contract beyond the completion of
preconstruction activities and solicit bids from qualified contractors for the construction of the Project.
Owner will use the RFQ process to evaluate each of the Submitterqualifications. A subsequent Request
for Proposals (RFP) will be issued to a maximum of five (5) qualified contractors who will then be
required to submit details of the capabilities and experience. GC/CM selection information will be
obtained from the proposals submitted in response to RFP document, interviews, and discussions with
former and present clients of Submitter.
When selected, the GC/CM will function as part of a team composed of the Owner, its architect, and
others as determined by the Owner.
This RFQ shall not commit the Owner to enter into an agreement, to pay any expenses incurred in
preparation of any response to this request, or to procure or contract for any supplies, goods or services.
The Owner reserves the right to accept or reject all responses received as a result of this RFQ if it is in the
Owner’s best interest to do so.
This procurement is governed by the laws of the State of Montana.
By offering to perform services under this RFQ, all Submitters agree to be bound by the laws of the State
of Montana and of the Owner, including, but not limited to, applicable wage rates, payments, gross
receipts taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.
The City of Bozeman makes reasonable accommodations for any known disability that may interfere with an
applicant’s ability to compete in the bidding and/or selection process. In order for the city to make such
accommodations, applicants must make known any needed accommodation to the city’s ADA coordinator James
Goehrung at (406)582-3232.
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II. PROJECT BACKGROUND AND DESCRIPTION
Introduction
The Project scope is to undertake pre-construction and construction services for the new Police and
Municipal Courts building. The Owner intends to complete the programming and design for a new
building to accommodate all services related to Bozeman’s municipal criminal justice functions including
the police, municipal courts, city attorney, and victim/witness functions. The proposed site is on the
current Montana Department of Transportation (MDT) shops site. Present authorization for the Project
extends through completion of design only. The Owner intends to submit the Project to voter approval
for funding in the November 2014 election.
Project Location and Site
The Owner is actively pursuing a land exchange with the MDT to acquire their property at 902 North
Rouse and intends to construct the Project at that location.
Design Considerations
The Project is anticipated to be a unique, state-of-the-art criminal justice facility. The facility will
primarily serve the residents of the City of Bozeman and will include both public and secure areas for the
Bozeman Police Department and Bozeman Municipal Court but will not include detention services. The
building will also include offices for the Bozeman City Attorney, Gallatin County Victim Witness
program, as well as community, training and seminar spaces.
The design must adhere to the city’s design standards and all applicable codes. Sustainability, life-cycle
costs, maintainability, quality, and energy efficiency will be high priorities in the decision-making process
for how this building will be designed and constructed. The building is expected to be submitted for a
minimum of USGBC LEED Silver certification.
For the design, the Owner has selected:
Thinkone Architects
101 East Main Street, Studio 1
Bozeman, MT 59715
(406) 586-7020
bhanson@think1.com
The Owner is ready to hire General Contractor / Construction Manager as the next step to informing and
collaborating in the design process. The project is presently in the early programming and planning
process.
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The following is the intended timeline for the project:
GC/CM Selection:
Advertising dates: March 9, and 16, 2014
Receipt of Qualfication statements: No later than 5:00 p.m. MST on March 20, 2014
Review & Short-List by Committee: April 1, 2014
Issue RFP: March 26, 2014
Receive Proposals: April 9, 2014
Interviews & Selection: April 14, 2014
Design/Construction:
Building Committee Meetings: It is the City’s intent to involve the GC/CM in the
development of the Project as soon as possible after the
successful negotiation of a contract
III. SCOPE OF PRECONSTRUCTION SERVICES
Preconstruction services will be provided on a cost reimbursement basis up to a stated maximum. The
specific scope of preconstruction services will be negotiated prior to signing the GC/CM contract. In
general, preconstruction services are anticipated to include the following:
1. Participation in all design, coordination, and building committee meetings;
2. Review of all designs for constructability;
3. Work with the Owner and design team on phasing, scheduling, and other strategies to complete
construction of this phase of the project on or before the stated date;
4. Coordination and gathering of input from subcontractors regarding constructability;
5. Review and cost evaluation at each phase of design taking into consideration schedule, phasing and
market conditions;
6. Consult with, advise, assist, and provide recommendations to the Owner and design team on all
aspects of the planning and design of the work;
7. Provide information, estimates, schemes, and participate in decisions regarding construction
materials, methods, systems, phasing, sustainability and costs to assist in determinations which are
aimed at providing the highest quality building, constructed using the most sustainable construction
materials and practices, within the budget and schedule;
8. Actively participate in a value engineering process anticipated to be held at the end of design
development;
9. Review the programming/planning and site selection documents and provide input and advice
regarding scope and cost of the Project;
10. Review in-progress design and construction documents and provide input and advice on
construction feasibility, alternative materials, costs and availability;
11. Review completed design and construction documents prior to subcontractor/supplier
bidding/selection and suggest modifications to improve completeness and clarity and to eliminate
construction change requests due to inconsistencies or omissions in the construction documents;
12. Provide input to the Owner and the design team regarding construction market bidding climate,
status of key subcontract markets, and other relevant economic conditions;
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13. Recommend and actively source labor and material resources necessary to complete the project
construction;
14. Provide input to the Owner and the design team regarding long lead time materials and equipment,
impact on the construction schedule and strategies for mitigating the impact;
15. Prepare construction cost estimates for the Project at the schematic, design development and
construction document design phases and, if appropriate, at other times throughout of the work;
16. Notify the Owner and design team immediately if construction cost estimates appear to be
exceeding the construction budget, and reconcile each cost estimate with the Architect’s cost
estimate, if required;
17. Furnish a final construction cost estimate for the Owner’s review and approval;
18. Develop a preliminary construction schedule;
19. Develop all subcontractor/supplier bid packages and perform all advertising and receipt of
subcontractor/supplier bids;
20. Obtain bids per trade for the Owner’s review, unless otherwise approved by Owner in order to meet
resourcing requirements, per GC/CM Contract. Self-performed work must be bid against at least
two subcontractors, if readily available;
21. Upon execution of any early work amendment prior to a GMP agreement, undertake early material
procurement, site preparation, and advance construction work.
IV. SCOPE OF CONSTRUCTION SERVICES
It is anticipated that the GMP will be requested during the construction documents phase but no
construction activities shall commence until voter approval of a bond issue in November, 2014. The
established GMP will be the maximum amount paid for the construction of the Project, unless scope
changes are requested and approved by the Owner. Acceptance of the GMP will constitute completion of
preconstruction services and the Owner and GC/CM agreement to enter into a GMP Agreement will
initiate the construction period services for the Project. At the time of execution of the GMP Agreement,
the GC/CM will be required to submit a 100% performance and a 100% payment bond for the amount of
the GMP. The Owner retains the option to not commence or cancel the construction phase services, or to
start a new process for the construction of the Project, or terminate the contract and negotiate a
replacement contract with the next highest rated Submitter from this solicitation, or to conclude the
GC/CM’s services at pre-construction and issue the Project on a lowest, responsible bidder method.
The selected GC/CM will be required to comply (as a minimum allowable rate schedule) with the State of
Montana prevailing wage rates adopted and effective at the time of signing the GMP Agreement.
V. SELECTION PROCEDURE
This RFQ is the first of a multi-part selection process for the GC/CM. In order to qualify for futher
consideration, Submitters must comply with the mandatory requirements provided below. Statements of
Qualifications that do no contain the required documentation will be deemed nonresponsive to this RFQ
and may be rejected. A maximum of five (5) firms that satisfy the required qualifications detailed below
will be provided a Request for Proposal by the Owner.
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STATEMENT OF QUALIFICATIONS
Submitters must meet certain minimum qualifications in order to be eligible to submit a proposal. The
Owner has identified the following pass/fail qualification conditions to establish eligibility to propose
further on this procurement:
1. General Contractor / Construction Manager Firm Information:
a. Submitter must demonstrate successful experience and capacity to act as a general contractor
on projects of similar size, type and complexity. Submitter must include evidence of current
Montana construction contractor registration in the RFQ response.
b. Firm Background: Describe the firm’s history. Include information identifying the firm’s
annual volume of business, financial/bonding capacities, and speak to the firm’s stability in the
marketplace. Information idenfifying the firm’s strengths and weaknesses along with special
capabilities that may be appropriate to the Project will assist in the evaluation.
c. Who are the preferred bonding company ?
i. Provide their name, phone and email contact information.
ii. Are they your exclusive soruce for bonds?
iii. How long have you used them?
iv. If less than five years, or not your exclusive source, name all other used in the last five
years.
v. Provide name, phone an demail contact information for each.
vi. Will you use them for this Project?
d. In the last ten years, have you (if you answer “yes”, provide full explanation):
i. Had a settled or pending claim against your payment or performance bond?
ii. Had your contract terminated on a project?
iii. Been declared in default on a project?
iv. Been assessed liquidated damages in excess of $5,000?
v. Taken legal action of dispute resolution proceeding of any kind against an Owner?
2. Bonding Capacity:
Provide proof of bonding capacity. The Submitter must be capable of providing 100% performance bond
and 100% payment bond for a project valuted up to $20 million in construction costs, as documented by a
letter or binder from a surety licensed to conduct business in Montana, submitted with the RFQ response.
The surety’s letter must indicate that the respondent is capable of obtaining a performance bond and a
payment bond for the Project. Letters indicating “unlimited” bonding capability are not acceptable.
The letter must include a specific statement that the surety has reviewed this RFQ and evaluated the
respondent’s backlog and work-in-progress in determining its bonding capacity. The GC/CM must be
capable of obtaining payment and performance bonds in the amount of $20 Million, from a surety with an
A.M. Best’s Rating Service classification.
3. Safety:
Each submitter shall provide at least two examples of a written project site safety plan for previously
completed projects that comply with all applicable local, state, and federal laws and which detail safety
measures to be undertaken to ensure prevention of accidents and the protection of persons and property
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from damage, injury, or loss. The plans must demonstrate how the submitters ensured compliance with its
safety plans by its employees, agents, and sub-constractors.
Each submitter shall provide at least two examples of a written project site plan addressing storm water
pollution prevention.
Each submitter must also provide pertinent information regarding its safety record by, at a minimum,
stating whether any state or federal agency responsible for occupational safety, such as OSHA (or any state
or local equivalent), has cited or assessed penalties against the Submitter for any serious, willful, or repeat
violations of its safety or health regulations during the past five years. If so, the Submitter must provide a
separate attached signed page describing the citations, including information about the dates of the
citations, the nature of the viollations, the project on which the citation(s) was or were issued, and the
amount of the penalty paid, if any.
4. U.S. Green Building Council LEED Certification
Have successfully completed a minimum Silver certified new building through USGBC.
The Owner has also identified the following Qualification Conditions to establish eligibility to propose
further on this procurement. These Qualification Conditions will be scored:
5. Specific Project Requirements:
a. Submitter should provide evidence of successful experience and capacity to act as a GC/CM
on similar projects greater than the $20 million construction value. Include contact
information for the owners and designers familiar with your work on each project. Also
include photographs of the projects referenced, if possible. Scored from a total of 15 points.
b. Submitter should provided evidence of successful experience to act as a construction manager
and general contractor on State, local government or similar institutional projects. Include
contact information for the owners and designers familiar with your work on each project.
Scored from a total of 10 points.
c. Submitter should provide evidence of experience and capacity to act as a constuction manager
and general contractor on similar projects requiring strategies to successfully complete
construction within difficult staging and materials handling environments. Submitter should
include a list of potential strategies and/or a sample schedule. Scored from a total of 15 points.
d. Submitter should provide evidence of experience and capacity to act as a general contractor
and construction manager on LEED certified building projects and/or projects utilizing
sustainable systems/strategies in construction. Submitter should include a list of LEED
certified projects. Scored from a total of 10 points.
VI. SUBMITTAL OF INFORMATION
Five (5) copies of the written response to this RFQ must be received at:
City of Bozeman
Office of the City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
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By March 20, 2014; 5:00 p.m. MDT.
ALL QUESTIONS AND CONTACTS REGARDING THIS RFQ MUST BE SUBMITTED IN
WRITING TO:
Chuck Winn, Assistant City Manager
PO Box 1230
Bozeman, MT 59771-1230
(406) 582-2350
cwinn@bozeman.net
VII. INSTRUCTIONS TO SUBMITTERS
Statements of Qualifications must:
1. Follow the format outlined in the Selection Procedure, above.
2. Be signed by an officer or principal of your firm.
3. Be contained in a document not to exceed 10 pages total (single or double-sided pages) including
whatever pictures, charts, graphs, tables, and text the firm deems appropriate to be part of the review
of the firm's qualifications. A separate transmittal letter, cover page, cover sheets, and dividers are
exempted from the page limit. Page size is limited to 8-l/2 x 11 inches, with basic text information no
smaller than 12-point type. Examples of plans required under Statement of Qualfications 3 (Safety)
are not subject to the page limit.
4. Schedules may be submitted in addition to the page limit.
VIII. ATTACHMENTS
The following exhibit is incorporated in this RFQ:
Appendix A: Preliminary Project Information
END OF RFQ
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APPENDIX A
PRELIMINARY PROJECT INFORMATION
BOZEMAN POLICE AND MUNICIPAL COURTS
CITY OF BOZEMAN
March 4, 2014
1. Introduction
In response to a growing population and increased demands for police and court services, the City of
Bozeman has outgrown its current location and is planning for the construction of a new police and
municipal courts facility. Presently the police and municipal courts are co-located with the County’s
courts and sheriff at the Law and Justice Center (L&J) at 615 South 16th Avenue. In anticipation of
the need for new facilities, the city and county have been investigating opportunites to partner on a
joint project at the L&J property. Site constraints and other factors combined to cause the City to look
off-site for the construction of its new facility.
2. Project Location and Site
The City is working to aquire MDT’s property at 902 North Rouse through a land exchange. The site
is approximately 8.2 acres in size and the police/courts building is anticipated to be constructed at the
northern end of the property. The site is currently occupied by MDT and is comprised of several
warehouse, office, and shop buildings, as well as outdoor vehicle storage and fueling stations.
3. Site Selection and Development
a. Coordination with MDT on the construction pahsing and site work will be required. All
existing building are on the southern end of the site and may be able to remain operational
during construction if the new facility is located on the northern end of the site.
b. Rouse Avenue to the east is planned to be widened in 2016 to three lanes with bike lanes.
Construction of the police/courts facility is planned to commence in sprint of 2015 pending
voter approval of a construction bond.
c. MDT will perform site remediation to include fuel tank removal and work associated with
demolishing existing structures.
4. Design Considerations
The police and municipal courts building is anticipated to be a unique, state-of-the-art public safety
facility providing both secure and public areas for both courts and police functions. The building will
be constructed as a vital public safety facility and include provisions for back-up power generation
and passive and active buiding protection features.
5. Area Requirements
Preliminary programming and design work to date have resulted in a building size of approximately
59,600 gross square feet. In summary, the building will be comprised of the following components:
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a. A public lobby for both police and courts that will allow immediate access to front counter
functions for both, as well as direct access to both a Community Room and the Courts waiting
area.
b. The police wing that contains Administration, Support, Patrol, and Investigations, along with
staff support spaces including break, work, and locker rooms.
c. A secondary police building that can be constructed with more industrial finishes and lower
cost per square foot that can house Evidence, Armory, Equipment Issue, Storage, Motor and
Bike Patrol, K9 and Animal Control, and SRT functions
d. A Courts wing that will house the Municipal Courts and Clerk, the Bozeman Prosecutor, and
Victim Services
6. Time Schedule Estimate
The City has hired Thinkone Architects to design the new facility. City Commission approval of the
bond language including cost estimates will need to occur on, or before, August 7, 2014.
Programming/Concept Design (2/1-2/23)
Owner Review (2/25-3/7)
Schematic Design (3/27-4/21)
Owner Review (4/28-4/9)
Design Development (4/28-7/6)
Preliminary Pricing Estimates (6/13-6/30)
Presentation to City Commission (7/14 or 7/21)
Funding for the project is anticipated to come through a voter approved bond in the November 2014
General Election. Construction of this project is contingent on bond approval. Construction will not
occur without voter approval in this, or a subsequent election.
7. Bidding Requirements
The project wil be procured as one general contract under the alternative delivery method utilizing the
GC/CM process. It is desired that the GC/CM be contracted to provide pre-construction services
immediately upon consultant appointment. Construction bidding and contracting with sub-contractor
would occur upon voter approval of a construction bond on or about December 2014.
8. Project Budget
The anticipated, total project budget is estimated to be in the $22 million range. This budget will be
for all costs, including surveys, consultant services, construction, utility connections, site work and
landscaping, testing, code reviews, supervisory fees, trades support, furniture/fixtures, and equipment
(FF&E), way-finding sinage, project contingencies and building technology infrastructure with audio,
video and telecommunications equipment. The budget will be further defined/refined through the
design process. If at any time the project exceeds budget the consultant must notifiy the City in
writing and work with the City to adjust the scope to fit the budget.
9. Applicable Building Codes and Standards – The project must comply with the requirements of the
most current adopted edition of the following:
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The International Building Code,
The International Fire Code,
The International Mechanical Code,
The Uniform Plumbing Code,
The National Electrical Code,
ASME Boiler Code,
Model Energy Code,
ADA or Uniform Federal Accessibility Standards,
NFPA 101 – Life Safety Code,
The American National Standard Safety Code for Elevators, Dumbwaiter, Escalators and Moving
Walks, ANSI A17.1,
Montana Safety Act, State Compensation Mutual Insurance Fund,
Radon Prevention in the Design and Construction of Schools and Other Large Buildings
EPA/625/R-92/016
All local state and federal building related codes in effect in the Bozeman building jurisdiction
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