A. Purchasing Agent's Discretion: Subject to the limitations in this section, the Purchasing Agent, or designee, shall have discretion to select the appropriate method of construction contracting management for a particular project. In determining which method to use, the Purchasing Agent, or designee, shall consider the City's requirements, its resources, and the potential contractor's capabilities. The Purchasing Agent, or designee, shall cause to be executed, and included in the procurement file, a written statement setting forth the facts which led to the selection of a particular method of construction contracting management for each project.
B. Factors: Before selecting the construction contracting method to use, a careful assessment must be made by the Purchasing Agent or designee. The assessment may consider the following factors:
1. When the project must be ready to be occupied;
2. The type of project, for example, housing, offices, labs, heavy or specialized construction;
3. The extent to which the requirements of the City and the way in which they are to be met are known;
4. The location of the project;
5. The size, scope, complexity and economics of the project;
6. The amount of financing available for the project, including whether the budget is fixed or what the source of funding is;
7. The availability, qualifications, and experience of the City's personnel to be assigned to the project and how much time the City's personnel can devote to the project;
8. The availability, qualifications and experience of outside consultants and contractors to complete the project under the various methods being considered;
9. The results achieved on similar projects in the past and the methods used; and
10. The comparative advantages and disadvantages of the construction contracting method and how they might be adapted or combined to fulfill the needs of the City.
C. Approved Methods Of Construction Management: The following is a list and description of the more common construction contracting management methods which may be used by the City. The methods listed are not all mutually exclusive, and may be combined on a project. This list is not intended to be fixed in respect to all construction projects. In each project, this list may be adapted to fit the circumstances of that project.
1. Single Prime (General) Contractor: The single prime contractor method is typified by one (1) business, acting as a general contractor, contracting with the procurement unit to timely complete an entire construction project in accordance with drawings and specifications provided by the procurement unit. Generally the drawings and specifications are prepared by an architectural or engineering firm under contract with the City. Further, while the general contractor may take responsibility for successful completion of the project, much of the work may be performed by specialty contractors with whom the prime contractor has entered into subcontracts.
2. Multiple Price Contractors: Under the multiple prime contractor method, the City contracts directly with a number of general contractors or specialty contractors to complete portions of the project in accordance with the City's drawings and specifications. The City may have primary responsibility for successful completion of the entire project, or the contracts may provide that one (1) or more of the multiple prime contractors has this responsibility.
3. Design-Build: In a design-build project, an entity, often a team of a general contractor and a designer, contract directly with the City to meet the City's requirements as described in a set of performance specifications and/or a program. Design responsibility and construction responsibility both rest with the design-build contractor. This method can include instances where the design-build contractor supplies the site as part of the package.
4. Construction Manager Not At Risk: A construction manager is a person experienced in construction that has the ability to evaluate and to implement drawings and specifications as they affect time, cost, and quality of construction and the ability to coordinate the construction of the project, including the administration of change orders as well as other responsibilities as described in the contract.
5. Construction Manager/General Contractor (Construction Manager At Risk): The procurement unit may contract with the construction manager early in a project to assist in the development of a cost effective design. In a Construction Manager/General Contractor (CM/GC) method, the CM/GC becomes the general contractor and is at risk for all the responsibilities of a general contractor for the project, including meeting the specifications, complying with applicable laws, rules and regulations, that the project will be completed on time and will not exceed a specified maximum price. (Ord. 17-14)