Title
Resolution to Approve Guidelines for the Selection, Evaluation, and Award of Design-Build and Construction Management Contracts
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.
Impact:
See Discussion.
Recommendation:
Rec
Approve the procedures.
Body
WHEREAS, pursuant to authority granted by Code of Virginia Sec. 2.2-4382, City Council enacted Hampton City Code Sec. 2-336.1, which authorizes the use of design-build and construction manager at risk ("CMAR") as alternative means to procure certain construction services; and
WHEREAS, prior to either design-build or CMAR being utilized, the City Council must also adopt and implement by resolution procedures consistent with the procedures adopted by the Commonwealth's Secretary of Administration for utilizing construction management or design-build contract, and that also include the requirements set forth in Code of Virginia Sec. 2.2-4382.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hampton, Virginia, in compliance with the statutory provisions stated above, hereby adopts and implements "The City of Hampton, Virginia Guidelines for the Selection, Evaluation, and Award of Design-Build and Construction Management Contracts" dated May 13, 2026, the contents of which are deemed to be wholly incorporated into this resolution; and
BE IT FURTHER RESOLVED that any guidelines, policies, and procedures previously adopted, approved, or utilized for this purpose are void and superseded by those adopted and implemented herein.