Ventura
County Star
Flaw not in method picked for Arts Plaza By
Sean L. Leonard April
1, 2005 There has been debate
in the press over general contracting and "contract management"
with respect to the Thousand Oaks Civic Arts Plaza. As a practitioner
and an educator in the construction industry for the last
25 years, I still found the discussion confusing.
At issue is the project delivery method,
and there's a time and place for each of them; the construction
process is transient and each project is unique. The cookie-cutter
approach favored by manufacturers making thousands of the
same items in a controlled environment simply does not apply
to construction.
Design, bid, build is the traditional delivery process favored
by most public agencies. In this process, the owner's architect
completes the design, the owners advertise the project bid
and award it to the lowest responsive bidder. The advantage
is that bids are open and competitive and the owner is generally
assured of receiving a low price. The downside is that until
bid day, no one is sure the project will be within budget.
There have been multiple instances over the last 18 months
where public agencies have come in 20 percent to 25 percent
over budget. The name of the game in this process is change
orders -- the general contractor asks for more money when
the owner changes and the inevitable design errors, omissions
and ambiguities are uncovered during the preliminary submittal
process.
Negotiated guaranteed maximum price contract is the
delivery favored by many private owners. In this method,
the owner hires a general contractor based on qualifications
well in advance of the bidding. General contractors who pursue
this type of work rely on their reputation and referrals
for future work. Having a contractor on the team providing
cost estimating, scheduling and constructibility analyses,
allowing for midcourse corrections during design as opposed
to during construction, generally leads to the lowest final
cost and highest quality achievable. The GMP puts a cap on
the contract amount, and the owner pays for the actual costs
incurred by the contractor after a final audit. This is the
method used when I was the senior vice president, project
management of Walt Disney Concert Hall Inc., and we completed
perhaps the most anatomically complex
project with the highest-quality acoustics and finishes in
the world.
Multiprime construction is a hybrid of these two approaches.
Since most public agencies are subject to public contracting
laws requiring open bids that preclude the negotiated GMP
process, many have turned to this method to achieve some
of the advantages of both. Under this scenario, the owner
hires a construction management firm based on qualifications,
during the preconstruction process. The CM acts like a general
contractor, but the trade contractors contract directly with
the owner (making them prime contractors). The primes are
actively managed by the CM, which staffs the project as would
a general contractor. The major advantage is that its preconstruction
input is available and the CM's compensation is not tied
to the final contract amount. In fact, the change-order history
of a CM is considered in the selection process for future
work.
My firm is representing owners on six projects currently,
and we have recommended and are using all three of the delivery
methods cited above. There is no right or wrong way, as each
project demands individual evaluation. My understanding is
that the Thousand Oaks Civic Arts Plaza was constructed with
the multiprime delivery (contract manager is a misnomer).
It is not clear whether the leaks were a result of faulty
workmanship, defective materials or design errors, but I
read the city has recovered $4.7 million from the various
entities for repairs. The flaw was not in the delivery method
chosen.
-- Sean L. Leonard owns S.L. Leonard & Associates,
a comprehensive development project management firm. Among
the firm's current projects is the Camarillo Public Library. |