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Home My WebLink AboutC6. Res 4661 L&J Projct Dlvry Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chuck Winn, Assistant City Manager SUBJECT: Resolution Authorizing the Use of an Alternative Project Delivery Contract for a Construction Manager/General Contractor for Pre-construction and Construction Services for the Joint Law and Justice Center Project with Gallatin County MEETING DATE: January 11, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Resolution 4661 authorizing the City Manager to execute on behalf of the City of Bozeman an alternative project delivery contract for the design and construction of the Joint Law and Justice Center project with Gallatin County. PROPOSED MOTION: Having considered public comment and the information presented by staff, I hereby move to adopt Resolution 4661 authorizing the City Manager to execute an alternative project delivery contract for the continued design and construction of the Joint Law and Justice Center project with Gallatin County. SUMMARY: 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 and County staff recommend using the General Contractor/Construction Manager (GC/CM) process in the continued design and construction of the new joint facility to house the City and County criminal justice functions including police, courts, attorneys, and associated criminal justice services. Resolution 4661 makes the appropriate findings and authorizes the City to utilize the GC/CM process. BACKGROUND: On February 23, 2015, the Bozeman City Commission adopted Resolution 4580 establishing an advisory committee to explore City and County cooperation for joint improvements at the Law and Justice Center (“L&J”) campus. The Joint Advisory Committee met seven times drafting recommendations that were presented to both governing bodies in July of 2015. The recommendations included a framework to explore the development of joint City-County law and justice facilities on the current L&J campus. On July 13, 2015, the Bozeman City Commission adopted Resolution 4324 formally adopting the recommendations of the Joint Advisory Committee. The County Commission adopted the recommendations on July 14, 2015. On September 14, 2015, the City Commission approved a memorandum of understanding (MOU) with Gallatin County authorizing the joint solicitation of architectural services and to enter into negotiations with the most qualified firm to develop the terms and conditions of design and certain pre-construction services. Subsequent to that MOU, staff from both the City and County negotiated a professional services agreement with ThinkOne Architects. That contract was approved by both Commissions at a joint meeting on September 29, 2015. The stated goal of both elected commissions is to develop a joint project and budget for commission review and approval for a November 2016 bond election. In order to meet the 41 statutory election deadlines, we need to complete the preliminary design and estimated project costs by the beginning of July, 2016. This presents a compressed, but achievable set of project milestones. 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 project 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 may 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 may provide a GMP, the elements of construction are still bid to ensure competitive prices are received by the City. The City and County are currently engaged in a qualifications based selection process to select a GC/CM for this project. If both Commissions adopt the alternative project delivery method, we will continue the process to select a GC/CM and return to our respective Commissions for review and approval of a professional services agreement for GC/CM services. UNRESOLVED ISSUES: None. 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 for the project in the Fiscal Year 2016 budget. Attachments: Commission Resolution No. 4661 Report compiled on: December 28, 2015 42 Page 1 of 3 COMMISSION RESOLUTION NO. 4661 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 PRE- CONSTRUCTION AND CONSTRUCTION SERVICES FOR A JOINT LAW AND JUSTICE CENTER WITH GALLATIN COUNTY. WHEREAS, the City of Bozeman is considering construction of a new Law and Justice Facility in cooperation with Gallatin County for the City and County’s criminal justice functions and is in need of a general contractor/construction manager to provide pre-construction 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 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 design and construction of a joint facility for the City and County criminal justice functions. 43 Resolution 4661, Authorize Use of Alternative Project Delivery Contract for General Contractor Construction Manager for the Joint Law and Justice Center Page 2 of 3 Section 2 The City Commission determines: 1. The City has knowledgeable staff including the Assistant City Manager as project manager, City Attorney, engineering staff, and its consultants, including ThinkOne 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 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/County 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 joint Law and Justice Center 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. 44 Resolution 4661, Authorize Use of Alternative Project Delivery Contract for General Contractor Construction Manager for the Joint Law and Justice Center Page 3 of 3 PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 11th day of January, 2016. ___________________________________ CARSON TAYLOR Mayor ATTEST: ________________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 45