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  5.       
City Council Regular Meeting
Meeting Date: 03/05/2024  

BACKGROUND
Fire Station 4 has many areas of compliance in order to meet the AHJ building, construction, and fire codes but also to comply with all NFPA and OHSA standards for fire service safety.  In constructing a facility with this type of complexity, a construction manager at risk being employed has proven to be an asset in additional review, value engineering, coordination, and limiting change orders to have the most efficient process we can. 

A Request for Qualifications (RFQ) for Fire Station #4 using the two step selection process under Section 2269 et seq. of the Texas Government Code for a Construction Manager at Risk (CMAR) was issued by the City on November 29, 2023.  Four responses to this RFQ were received on January 4, 2024. These responses were evaluated by a selection committee comprised of City employees and AG|CM, the CIty's Owner's Representative on this project. The responding firms were evaluated by the committee and ranked solely on the basis of their qualifications in the first step. The top three ranked firms were invited to participate in the second step of the process and submit a cost proposal, due February 1, 2024. The top three ranked firms were then interviewed by the selection committee on February 9, 2024.

After the interviews, Byrne Construction Services and Marksmen General Contractors were identified as the top two finalists. While Koehler has a positive reputation in the area, they are a much smaller firm and do not have the same level of experience as either Byrne or Marksmen with construction of fire stations. Byrne and Marksmen both have extensive experience building fire stations and had excellent references. Marksmen's proposal is approximately $400,000 less than Byrne's. For this reason, Marksmen General Contractors is the proposed awardee.

The RFQ scoring is attached.
GOAL
To provide the citizens, visitors, and our community with a new fire station in North Schertz that meets the needs of our growing community and provide the needed services for that region of our city.  

An agreement for architectural services has already been secured and approved by Council.  The design phase has begun with two renderings completed.  The project is now at the stage to engage a CMAR as we move to cost estimates and through the completed drawing phase.  It is best to include the CMR at this point in order to limit the number of potential mistakes and ultimately, change orders.
COMMUNITY BENEFIT
The community will benefit by having better and more efficient response times to this area of the city as well as having a highly qualified construction management firm to oversee construction and build our Fire Station 4.  
SUMMARY OF RECOMMENDED ACTION
Authorize the city manager to approve and execute a contract with Marksmen General Contractors for the construction manager at risk work associated with construction of Fire Station 4.  This contract would be in accordance with the published RFQ that was issued by the City of Schertz. 

The City of Schertz intends to execute AIA Documents A133 Standard Form of Agreeement between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with Guaranteed Maximum Price along with AIA A201-2007 General Conditions of the Contract for Construction.
FISCAL IMPACT
The proposal from Marksmen General Contractors will be incorporated into the negotiated contract as follows:

1. Construction Phase Fee - $380,000 (4% of cost of work)
2. Preconstruction Services Fee - $42,000 (All costs for preconstruction phase services including cost estimating, scheduling, building systems and material cost analysis are included in the Construction Phase Fee above. However, if the construction phase does not commence for any reason, this payment to the Construction Manager for preconstruction services would be necessary)
3. General Conditions Cost - 8.15% of construction costs on a reimbursable basis.

The funding for this contract is secured in the bond money for Fire Station 4.  
RECOMMENDATION
Authorize the city manager to approve and execute a contract with Marksmen General Contractors for the construction manager at risk work associated with construction of Fire Station 4. 
Attachments
CMR Contract Sample
RFQ 2023-014 Scoring Matrix
Resolution 24-R-29

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