Item 4HM E M O R A N D U M
To: Honorable Mayor and Members of the City Council
From: Jim C. Blagg, Assistant City Manager/Director of Public Safety
Subject: Approve Resolution No. 09-004 authorizing the selection of the
construction manager at risk method of delivery for construction of
the DPS North Training facility.
Action
Requested: Approve Resolution No. 09-004 authorizing the selection of the
construction manager at risk method of delivery for
construction of the DPS North Training facility.
Background
Information: The Local Government Code Section 273.113 sets forth
procurement requirements for the construction of facilities and
provides for a number of methods that a local government can
chose for that construction. Along with competitive bidding,
other choices include; competitive sealed proposals, design-
build contract, construction manager or a job order for small
repairs. Section 271.114 (a) requires the “governing body . . .
considering a construction contract other than competitive
bidding must, before advertising, determine which method
provides the best value for the governmental entity. The
governing body may, as appropriate, delegate its authority
under this section to a designated representative.”
The attached resolution provides for the selection of the
construction manager at risk as the best value method for the
construction of the DPS North Training Facility. The City is
currently using the construction manager at risk method at the
DPS Headquarters and it has proven to be very beneficial to
the City. It allows the City to choose the construction manager
at risk before the design stage is complete. The construction
manager at risk is chosen based on qualifications, and then the
entire operation is centralized under a single contract. The
architect and construction manager at risk work together in
order to cultivate and assay the design. Then, the construction
manager at risk gives the Citya guaranteed maximum price,
and coordinates all subcontract work. Cost savings can be
realized in a number of ways. By hiring the construction
manager at risk during the design phase, early coordination is
possible, which can potentially increase the speed of the project
and strengthen coordination between the architect and the
construction manager at risk. Since the City hires the
construction manager based on qualifications, it ensures a
construction manager with a strong allegiance to the City,
because their business relies on references and repeat work.
Finally, transparency is enhanced, because all costs and fees
are in the open, which diminishes adversarial relationships
between components working on the project, while at the same
time eliminating bid shopping.
The specific benefits of construction manager at risk versus
other delivery methods are:
1. Provides construction management services for a project
throughout the preconstruction and construction phases. These
services may include preparation and coordination of bid
packages, scheduling, cost control, value engineering,
evaluation, other preconstruction services and construction
administration.
2. Is a licensed general contractor.
3. Guarantees the cost of the project. (Guaranteed maximum
price or G.M.P.)
4. Construction manager at risk shall contract directly with
City for all construction
5. Construction manager at risk may self-perform a portion of
the work only if:
A. Bidding produces no responsible, responsive
bidder for that portion of the work, or
B. Subcontractor defaults and a pre-qualified
replacement cannot be obtained in a timely manner,
and;
C. City approves of the construction manager at
risk performance of the work
D. All bids shall be opened publicly and, once
opened, become public record
E. construction manager at risk shall act as the
fiduciary of the City in handling and opening bids
The next steps in the process are as follows:
st
1.1published advertisement of RFP February 07, 2009
(Saturday)
2.RFP Release February 10, 2009 (Tuesday)
nd
3.2published advertisement of RFP February 14, 2009
(Saturday)
4.Pre-Submittal Conference February 17, 2009 (Tuesday)
5.RFP Submittal Deadline March 02, 2009 (Monday, 3:00
pm)
6.RFP OPENING DATE March 04 2009 (Wednesday)
7.Notification of Short-List March 10, 2009 (Tuesday)
8.Short-List Interviews, Final Selection March 13, 2009
(Friday)
9.Notify Finalist March 17, 2009 (Tuesday)
10.CCPDB Review/Approval of Selection Committee
Recommendation
11.and CMA Contract April 14, 2009 (Tuesday)
12.City Council Review/Approval of CMA and Contract
May 05, 2009 (Tuesday)
13.It is anticipated that the project will begin with
construction activities in the year late 2009/early 2010.
Financial
Considerations: Funds for this contract are provided for in the Crime Control
and Prevention District capital improvement program
Strategic Link: This item is aligned with our Focus Areas of Quality
Development and Safety and Security. This facility allows the
City to meet the Strategic Corporate Objectives of Invest to
Provide and Maintain High Quality Public Assets and
Implement and Share Best Practices Across All Departments.
Citizen Input/
Board Review: Southlake Crime Control and Prevention District Board gave
staff direction to begin the process at its January 13, 2009
regular meeting.
Legal Review: The resolution was prepared by our City Attorney’s office
Alternatives: The City Council can select one of the other methods for
construction delivery provided for by state statute and as
outlined above.
Supporting
Documents: Resolution No. 09-004
Staff
Recommendation: Approve Resolution No. 09-004 authorizing the selection of the
construction manager at risk method of delivery for
construction of the DPS North Training facility.
RESOLUTION NO. 09-004
A RESOLUTION AUTHORIZING THE SELECTION OF THE
CONSTRUCTION MANAGER AT RISK METHOD OF
DELIVERY FOR CONSTRUCTION OF THE DEPARTMENT OF
PUBLIC SAFETY NORTH FACILITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,
the City of Southlake, Texas is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS,
the Local Government Code section 271.114 requires that, in order
to select a facility construction delivery method other than competitive bidding, before
advertising, the governing body of a city is required to determine which delivery method
under Local Government Code section 271.113(a) provides the best value to the City and
may, as appropriate, delegate its authority to a designated representative to make that
determination; and
WHEREAS,
the City Council has deliberated on the construction delivery
options available for the Department of Public Safety North Facility and has determined
that the construction manager at risk method provides the best value to the City; and,
WHEREAS,
the City Council finds thatfor future facility construction projects
for the City of Southlake, it will promote efficiency for the City Manager to determine
the construction delivery method permitted under Local Government Code Chapter 271,
Subchapter H, that provides the best value to the City for each such project and that the
City Council should delegate that authority to the City Manager as permitted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE, TEXAS:
SECTION 1.
The City of Southlake does hereby find that the construction manager at risk
delivery method provides the best value for the City in the construction of the
Department of Public Safety North Facility and does hereby designate the construction
manager at risk method for the construction of that facility.
SECTION 2.
The City Council of the City of Southlake does hereby delegate to the City
Manager the authority to determine, for future facility construction projects, the
construction delivery method that provides the best value to the City, as permitted by
Local Government Code Chapter 271, Subchapter H.
SECTION 3.
This resolution shall be effective immediately upon its adoption by the City
Council.
PASSED, APPROVED, AND EFFECTIVE ON THIS THE _______ DAY
OF __________________, 2009.
______________________________________
THE HONORABLE ANDY WAMBSGANSS
MAYOR, CITY OF SOUTHLAKE
ATTEST:
___________________________________
LORI FARWELL, CITY SECRETARY
EFFECTIVE DATE:_______________________________