Vote: approved

Item Text

70. UTILIZE PROCUREMENT METHOD UNDER ARIZONA LAW BUT NOT INCLUDED IN THE MARICOPA COUNTY PROCUREMENT CODE Approve and authorize a use of the two-step Construction-Manager-at-Risk project delivery method, as outlined in Laws 2009, adopted by the Arizona State Legislature with an effective date of October 1, 2009, to procure contracts for construction services whenever funds are received from the United States Government as allowed by the American Recovery and Reinvestment Act of 2009 (ARRA). The Facilities Management Department has received ARRA funds to install solar thermal units for domestic hot water at the Lower Buckeye Jail and the 4th Avenue Jail. Both facilities are located in District 5. In Laws 2009, Chapter 187, effective at midnight September 30, 2009, the Arizona State Legislature authorized the utilization by government entities of the two-step Construction-Manager-at-Risk (CMR) construction delivery method for projects funded by the American Recovery and Reinvestment Act of 2009 (ARRA). This new method will expand the current use of the CMR delivery method for use by the County when federal regulations require a price competition for construction projects utilizing federal funding. The language for the new session law reads, in pertinent part, as follows: "Sec. 62. Construction-manager-at-risk contracts; requests for qualification; price competition; delayed repeal "A. Notwithstanding any other law, if the American Recovery and Reinvestment Act of 2009 (P.L. 111-5) is a source of monies for a construction project and price competition is required by the funding federal agency or by applicable federal law, price competition may be included as part of the selection criteria in a request for qualifications selection process for a construction-manager-at-risk contract to be negotiated as follows: "2. By an agent under section 34-602, Arizona Revised Statutes, if the request for qualifications is issued by the agent on or before December 31, 2014." As currently approved, Article 5 of the Maricopa County Procurement allows for use of the CMR delivery method. This is a qualifications-based selection only and there is no statutory provision for a price competition. The new session law allows for selection by qualifications and also by price competition in the second step. Maricopa County received funding through the first disbursement of ARRA funding in part to install solar thermal units for domestic hot water on the 4th Avenue Jail and the Lower Buckeye Jail. Facilities Management wishes to utilize the two-step CMR delivery to complete these two projects in the most expedient, cost-effective manner possible. (C-91-10-121-5-00)