Title
Resolution Approving the Use of Construction Manager at Risk as the Procurement Method to a Sanitary Sewer Force Main Replacement Project
Purpose
PURPOSE/BACKGROUND:
See Discussion.
Discussion:
During the September 10, 2025 Work Session, City Council received a staff briefing regarding alternate methods to procure the design and construction of public infrastructure projects, including "design-build" and "construction manager at risk" ("CMAR"). Historically, the City has used the design-bid- build process to acquire those services, the result of which is two separate contracts with two separate parties, one for professional design services and another for construction in accordance with the design. Alternatively, (i) the design-build method results in a single contract under which the same party agrees to design and build a project; (ii) CMAR results in a contract under which the City can retain a party to coordinate and administer contracts for construction services, and may also include the performance construction services. Those methods are available when traditional design-bid-build is not practical or fiscally advantageous. Through the staff briefing, Public Works identified projects for which either design-build or CMAR would be the most practical and fiscally advantageous for the City. City Council was receptive to the recommended approaches for those projects.
The authority for local public bodies to utilize design-build and CMAR is primarily set forth in Code of Virginia Sec. 2.2-4382. The City first enacted an ordinance pursuant to that authority in 2018; however, the Virginia Code requirements have changed since that time. Therefore, Council needs to update the City's procurement ordinance before those alternative methods can be utilized. During the May 13, 2026 Legislative Session, there will be four, separate, but related actions on the agenda, as follows: (1) an ordinance amendment to Hampton City Code Section 2-336.1, titled "Same - Design-build and construction management contracting"; (2) a resolution to adopt procedures required by the Code of Virginia; (3) a resolution to approve the use of design-build for the Mellen Street Sewer Gravity Replacement Project; and (4) a resolution to approve the use of CMAR for certain force main replacements.
Code of Virginia Sec. 2.2-4382, and Hampton City Code Section 2-336.1 require that construction management or design-build may be utilized on projects provided that (1) the project is a complex project; and (ii) the procurement method for the project is approved by City Council. This proposed action is to approve the use of the CMAR method of procurement to replace, extend, or relocate the sewer force mains, located at Aberdeen Road (PS-113 & PS-114), Gilbert Street (PS-022), and Markham Drive (PS-026), and is supported by the Letter of Determination, issued by Michael Bowry, Interim Director of Public Works, attached to this Agenda Item and incorporated into the Resolution below.
Impact:
See Discussion.
Recommendation:
Rec
Approve the Resolution.
Body
WHEREAS, the City desires to undertake a construction project to replace, extend, or relocate the sewer force mains, located at Aberdeen Road (PS-113 & PS-114), Gilbert Street (PS-022), and Markham Drive (PS-026) (the "Project"), and the Interim Director of Public Works has recommended that the City utilize the construction manager at risk (“CMAR”) method of contracting for the construction of the Project;
WHEREAS, the Virginia Public Procurement Act requires that a local public body using the CMAR method of contracting for construction projects comply with Virginia Code § 2.2-4382;
WHEREAS, Code of Virginia § 2.2-4382 requires that the City Council adopt a resolution on a per project basis approving the use of the CMAR procurement method;
WHEREAS, the City has hired, through Woolpert, Inc., a licensed engineer with professional competence appropriate to the Project to advise the City regarding the use of the CMAR method for the Project and to assist the City with the preparation of a request for proposals or request for qualifications and the evaluation of such proposals or qualifications; and
WHEREAS, has that licensed engineer has advised that the Project is a complex project as defined by Virginia Code§ 2.2-4379, and that the design-bid-build delivery method/competitive sealed bidding is not practicable or fiscally advantageous for the Project, based upon factors that include a regulatory and condition driven schedule, the potential for a high level of service disruption, difficult alignment, and a volatile pricing market, all as more particularly set forth in Letter of Determination, a copy of which is incorporated herein and attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hampton that:
1. The above described Project is a complex project as defined by Code of Virginia § 2.2-4379, and that the design-bid-build delivery method/competitive sealed bidding is not practicable or fiscally advantageous for the Project, based upon factors that include a regulatory and condition driven schedule, the potential for a high level of service disruption, difficult alignment, and a volatile pricing market, all as more particularly set forth in Letter of Determination, a copy of which is incorporated herein and attached hereto as Exhibit A; and
2. The use of the construction manager at risk method for the Project is hereby approved.