Loading...
HomeMy WebLinkAboutC6. Resolution 4680Resolution 4680 – Authorization of Alternative Project Delivery Contract for the Bozeman Sports 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 4680 Authorizing the Use of an Alternative Project Delivery Contract for a General Contractor/Construction Manager for Pre- construction and Construction Services for the Bozeman Sports Park TOP Bond Project MEETING DATE: March 28, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve Resolution 4680 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 Bozeman Sports Park. PROPOSED MOTION: Having considered public comment and the information presented by staff, I hereby move to adopt Resolution 4680 authorizing the City Manager to execute an alternative project delivery contract for the pre-construction and construction services for the Bozeman Sports Park. 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 Bozeman Sports Park as set forth in Resolution 4680. BACKGROUND: Resolution No. 4521 was unanimously approved by the Commission April 14, 2014 for the allocation of Trails, Open Space and Parks (TOP) bond funding in an amount not to exceed $7,500,000 for the acquisition of park land and development of the Bozeman Sports Park Project (“Park Project”), which requires the assistance of a professional design and engineering team. The resolution allocated up to (i) $2,100,000 for the acquisition of approximately 80 acres of park land; (ii) up to $1,788,000 for infrastructure improvements as stated in the Commission motion adopted April 7, 2014; and (iii) the remainder for park design and development. The land purchase was completed in 2014 for $2,022,413 leaving $3,689,587 for design and construction of park improvements, reserving the $1,788,000 for infrastructure. 75 Resolution 4680 – Authorization of Alternative Project Delivery Contract for the Bozeman Sports Park A Professional Services Agreement for design and engineering services was executed with DOWL for Task Order One of the project’s scope of work, which includes preparation of the Master Site Plan for review and recommendation to the City Commission by the Development Review Committee (DRC). The Master Site Plan has gone through Informal Review by the DRC and following completion of minor design revisions, will complete formal Master Site Plan review and be brought to Commission for approval as scheduled by the Community Development Department. 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 to assist with value engineering to ensure efficiency of the design and to provide cost estimating, bidding, contract management, and construction services for Phase I of the Bozeman Sports Park development. As stipulated in MCA Title 18 Chapter 2, Part 5: (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, 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; 76 Resolution 4680 – Authorization of Alternative Project Delivery Contract for the Bozeman Sports Park (ii) demonstrable public benefits that result from less time for construction; or (iii) less or a shorter duration of disruption to the public facility. (a) (i) The Agreement between the City and the Bozeman Sports Park Foundation requires a contribution of $976,100 in cash and/or in-kind services toward Phase I of the Sport Park. The use of a GC/CM will greatly facilitate obtaining and incorporating potential donations, potentially resulting in substantial savings for the City. Following completion of final design, the GC/CM will provide a “not to exceed” cost estimate for completion of Phase I improvements. Approved in-kind services and materials donations secured by the Foundation will be represented as “By Owner” and will be deducted from that figure. (ii) Use of a GC/CM will expedite the bidding and award of construction which will allow the facility to be completed at an earlier date. It will also 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 surrounding the Sports 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 will assist with value engineering of the design 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 early in the design process to review constructability, methods and means, energy efficiency and long term durability. (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 and oversight of in-kind services and donations of 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 are bid to ensure competitive prices are received by the City. 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 77 Resolution 4680 – Authorization of Alternative Project Delivery Contract for the Bozeman Sports Park rights-of-way surrounding the park, as well as improvements on adjacent properties being developed, are well coordinated. UNRESOLVED ISSUES: An update on the status of the Foundation’s fundraising goals will be presented to Commission at the time the Master Site Plan is up for approval. ALTERNATIVES: Utilize the traditional design-bid-build project delivery process. FISCAL EFFECTS: The GC/CM contract is expected to result in an overall cost savings for the development of the Sports Park. ATTACHMENTS: Commission Resolution No. 4680 Report compiled on: March 21, 2016 78 Resolution 4680 – Authorization of Alternative Project Delivery Contract for the Bozeman Sports Park COMMISSION RESOLUTION NO. 4680 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 BOZEMAN SPORTS PARK 2012 TRAILS, OPEN SPACE AND PARKS BOND PROJECT. WHEREAS, the City of Bozeman will be constructing the Bozeman Sports 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 design and construction of the Bozeman Sports Park. 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 its consultants, including DOWL Engineering, who have the capacity to manage an alternative project delivery contract. 79 Resolution 4680 – Authorization of Alternative Project Delivery Contract for the Bozeman Sports Park 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 Bozeman Sports 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 by the Bozeman Sports Park Foundation, construction logistics planning, and construction supervision. Use of a GC/CM will expedite the bidding and award of construction which will allow the facility to be completed at an earlier date. It will also ensure that the City does not have to re-bid the project due to bid proposals possibly exceeding the budget. A shorter duration of construction will result in less disruption of public roads surrounding the Sports 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. 80 Resolution 4680 – Authorization of Alternative Project Delivery Contract for the Bozeman Sports Park PASSED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 28th day of March, 2016. ___________________________________ CARSON TAYLOR Mayor ATTEST: ________________________________________ City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 81