New GC/CM Wastewater Treatment Facility Dedicated

On June 24, 2014, the City of Bellingham (WA) officially dedicated its newly expanded wastewater treatment facility at Post Point.  

GC/CM:  The $50 million project was accomplished through the use of the General Contractor/Construction Manager (GC/CM) project delivery method, a form of Construction Manager at Risk that many states permit on public projects.

My advisory role:  As I have done with many projects, I was the City's advisor on GC/CM related issues, including assisting them with obtaining approval to use the process, contractor selection, negotiation of costs with the contractor, and review of changes and pay applications.  I also provided training to the City and the contractor on some of the implementation issues of GC/CM related to Washington's state law (RCW 39.10).

Mike Purdy's Public Contracting Blog
© 2014 by Michael E. Purdy Associates, LLC
http://PublicContracting.blogspot.com

The Role of Elected Officials in Procurement

Practices vary across the country on the role that elected officials (i.e., city council, mayor) play in the procurement, award, and contract execution process.  

Roles of elected officials:  For some agencies, the governing body or chief administrator makes all or most award decisions for procurement of goods, services, and construction.  Sometimes, they also are responsible for signing contracts.  The following are some of the negative impacts of these practices:

• Delays:  Delays on award and execution of contracts while waiting for the council or board to meet.  

• Politics:  Making procurement a process tainted with political overtones instead of one based on fair and transparent competition.  Sometimes, elected officials end up making decisions that are at variance with best procurement practices in order to please certain constituencies.

From my perspective, the best practice is for governing bodies to establish the budget, but delegate award and contract execution decisions to the executive branch of government, consistent with a delegation of authority matrix and established procedures. 

Ordinances, rules or bid documents?  Should procurement policies and practices be adopted by the governing body or by the executive branch of government?  The governing body's role is to establish high-level policy which is controlled through the budget process.  Actual procurement policies and practices should be handled administratively, with many of the requirements being included in bidding documents.  There are some states and local public agencies where there are detailed laws outlining the procurement process, and many of these are not consistent with best practices.  Embedding such practices in laws and rules limits flexibility for public agencies to make the best decisions on a case-by-case basis. 

What's your philosophy?  How does your agency operate?  It takes a lot of education to help elected officials understand their appropriate role in the procurement process.  Have you begun the conversation within your agency on appropriate roles and responsibilities between the legislative and executive branches of government?

Mike Purdy's Public Contracting Blog
© 2014 by Michael E. Purdy Associates, LLC
http://PublicContracting.blogspot.com

Training in September: Washington Construction Law

21st Annual Washington Construction Law Seminar:  I've attended this seminar in previous years and always found it to be very helpful.  I will be attending again this year.

When:  September 18-19, 2014 (9:00 a.m. to 5:00 p.m.)

Where:  

• Seattle, Washington (City University, 521 Wall Street)
• Or participate by a Live Webcast from your office

Agenda and Speakers:

• Federal Construction Law - New Developments (Bruce P. Babbitt)

• Washington State Public Works Competitive Bidding and Bid Protests (Arnold R. Hedeen)

• Key Clauses of Construction Contracts (Alan Bornstein)

• Integrated Project Delivery (Scott R. Sleight)

• Key State Tax Considerations for Construction Projects (George C. Mastrodonato)

• Building Information Modeling (BIM) (Brendan J. Peters)

• Construction Changes/Differing Site Conditions (John P. Ahlers)

• What Happens When Someone in the Chain Goes Bankrupt? (Jerry N. Stehlik)

• Discovery Issues in Construction Claims (Andrew L. Greene)

• Washington Construction Law - New Developments (Paul R. Cressman, Jr.)

• Claims Against Design Professionals (Stanton P. Beck)

• Design Professional Considerations (Blaine J. Weber)

• Ethical Considerations for Construction Lawyers (John A. Strait)

• Insurance in the Construction Industry (Todd C. Hayes)

• Lien and Bond Claims; Dealing with Sureties (Kerry C. Lawrence)

• Construction Mediation (Henry C. Jameson)

Cost: 

• $645 - Government employees
• Other fees for different categories
• The sponsor of this training, The Seminar Group, will provide my blog readers with a $50 per person discount off of the regular tuition rate.  Call The Seminar Group to register and mention Mike Purdy and the discount code "SPP50." 

Credits:  Approved for continuing education credits with:

• Continuing Legal Education (CLE) credits for Washington, Oregon, Idaho, California, Alaska
• Construction Risk & Insurance Specialists by IRMI
• AIA (American Institute of Architects)
• American Institute of Constructors
• Construction Management Association of America

Sponsored by:  The Seminar Group 

Information and registration:  Click here.

Mike Purdy's Public Contracting Blog
© 2014 by Michael E. Purdy Associates, LLC
http://PublicContracting.blogspot.com

Job Opening: Senior Procurement & Contracting Specialist

Seattle City Light

• Position: Senior Procurement & Contracting Specialist

• Location:  Seattle, Washington

• Closing Date:  June 24, 2014 at 4:00 pm, Pacific Time

• Salary:  $34.32 to $39.96 Hourly

• Job Summary: This position provides expertise in the procurement of professional, engineering and/or architectural consulting services as well as goods and services contracts.  This position also involves managing and mitigating the risks inherent in design, construction and other professional services to protect the City from being subject to litigation, criticism or unanticipated costs due to unclear, ambiguous and non-compliant contract documents.  This position will report to the Procurement & Contracts Manager.

• For More Information and to Apply:  Click here.

Mike Purdy's Public Contracting Blog
© 2014 by Michael E. Purdy Associates, LLC
http://PublicContracting.blogspot.com

Free Training: Construction Budgetary Estimating Overview

Construction Budgetary Estimating Overview

Description:  The design and construction industry involves estimating from when a project is conceived though construction complete. Project Managers
in the public sector should have an understanding of what type of estimates are required for various stages of a project lifecycle, and basics on how those estimates are prepared. This 2 hour seminar will cover the five cost estimate types, direct and indirect costs, and an overview of the budget estimating process.

When:  July 9, 2014 (9:00 a.m. to 11:00 a.m.)

Where:  Bellevue, WA (Bellevue City Hall, 450 110 Avenue N.E.)

Cost:  Free

Information and registration:  Click here.  Space is limited.

Mike Purdy's Public Contracting Blog
© 2014 by Michael E. Purdy Associates, LLC
http://PublicContracting.blogspot.com

Job Opening: Inventory and Procurement Assistant

KCDA (King County Directors Association)

• Position: Inventory and Procurement Assistant

• Location:  Kent, Washington

• Closing Date:  Open until filled

• Salary:  Not specified

• Job Summary: Responsible for inventory control functions & procurement activities related to maintaining satisfactory inventory levels at the direction of the Purchasing Manager or Purchasing Agents. Sources product information and non-standard items. May be assigned special projects and is expected to be an active team member. Requires professional best practices in inventory control to assist in keeping KCDA warehouse stocked with supplies/equipment.

• For More Information and to Apply:  Click here.

Mike Purdy's Public Contracting Blog
© 2014 by Michael E. Purdy Associates, LLC
http://PublicContracting.blogspot.com

Training this Week

I'm in Cleveland, Ohio this week where I'll be conducting three all day training sessions as part of training I'm doing across the country for NIGP chapters and public agencies.  Because I will be tied up this week with the training, I won't have any other blogs for the week.

3 classes:  Here is information about the three classes I'm teaching including an outline of the content of each class:

• When Bad Things Happen to Bids: Strategies for Ensuring Successful Public Construction Projects

• Best Practices in Developing Public Construction Bid Documents

• Tools for Ensuring Contractor Performance on Public Construction Projects

Interested in these classes?  If you're interested in having me teach any of these classes for your NIGP chapter or public agency, please contact Faye Jackson at NIGP directly at FJackson@nigp.org.  If you're within Washington state, contact me directly.

Mike Purdy's Public Contracting Blog
© 2014 by Michael E. Purdy Associates, LLC
http://PublicContracting.blogspot.com

Job Opening: Purchasing Agent

Tacoma-Pierce County Health Department (Washington)

• Position: Purchasing Agent

• Location:  Tacoma, Washington

• Closing Date:  June 15, 2014 at 11:59 pm (Pacific Time)

• Salary:  $55,369 to $71,323 Annually

• Job Summary: This is an advanced professional buyer classification, which provides both procurement and operational support for the Tacoma-Pierce County Health Department. This classification involves the access and handling of highly sensitive and confidential information as well as acting as primary backup for Operations. The Purchasing Agent will work as lead of a procurement team, as a member of operations team, and as a contributing member of the larger Business Office team, which reports directly to the Business Manager.

• For More Information and to Apply:  Click here.

Mike Purdy's Public Contracting Blog
© 2014 by Michael E. Purdy Associates, LLC
http://PublicContracting.blogspot.com

Job Opening: Purchasing Manager

City of Bellingham, Washington

• Position: Purchasing Manager

• Location:  Bellingham, Washington

• Closing Date:  June 13, 2014 at 5:00 pm (Pacific Time)

• Salary:  $74,172 to $88,572 Annually

• Job Summary:  The Public Works Purchasing Manager oversees city-wide procurement processes and ensures compliance with applicable federal, state, and local laws and City policies and procedures.  Performs complex administrative and technical purchasing work and provides procurement expertise in managing and coordinating a centralized procurement system of contracts, goods and services as well as asset storage, recovery, and disposal.  Union membership required within 30 days of employment.

• For More Information and to Apply:  Click here.

Mike Purdy's Public Contracting Blog
© 2014 by Michael E. Purdy Associates, LLC
http://PublicContracting.blogspot.com

Training: Washington Construction Law

21st Annual Washington Construction Law Seminar:  I've attended this seminar in previous years and always found it to be very helpful.  I will be attending again this year.

When:  September 18-19, 2014 (9:00 a.m. to 5:00 p.m.)

Where:  

• Seattle, Washington (City University, 521 Wall Street)
• Or participate by a Live Webcast from your office

Agenda and Speakers:

• Federal Construction Law - New Developments (Bruce P. Babbitt)

• Washington State Public Works Competitive Bidding and Bid Protests (Arnold R. Hedeen)

• Key Clauses of Construction Contracts (Alan Bornstein)

• Integrated Project Delivery (Scott R. Sleight)

• Key State Tax Considerations for Construction Projects (George C. Mastrodonato)

• Building Information Modeling (BIM) (Brendan J. Peters)

• Construction Changes/Differing Site Conditions (John P. Ahlers)

• What Happens When Someone in the Chain Goes Bankrupt? (Jerry N. Stehlik)

• Discovery Issues in Construction Claims (Andrew L. Greene)

• Washington Construction Law - New Developments (Paul R. Cressman, Jr.)

• Claims Against Design Professionals (Stanton P. Beck)

• Design Professional Considerations (Blaine J. Weber)

• Ethical Considerations for Construction Lawyers (John A. Strait)

• Insurance in the Construction Industry (Todd C. Hayes)

• Lien and Bond Claims; Dealing with Sureties (Kerry C. Lawrence)

• Construction Mediation (Henry C. Jameson)

Cost: 

• $645 - Government employees
• Other fees for different categories  
• The sponsor of this training, The Seminar Group, will provide my blog readers with a $50 per person discount off of the regular tuition rate.  Call The Seminar Group to register and mention Mike Purdy and the discount code "SPP50." 

Credits:  Approved for continuing education credits with:

• Continuing Legal Education (CLE) credits for Washington, Oregon, Idaho, California, Alaska
• Construction Risk & Insurance Specialists by IRMI
• AIA (American Institute of Architects)
• American Institute of Constructors
• Construction Management Association of America

Sponsored by:  The Seminar Group

Information and registration:  Click here.

Mike Purdy's Public Contracting Blog
© 2014 by Michael E. Purdy Associates, LLC
http://PublicContracting.blogspot.com

The Growth of Public-Private Partnerships

Public-Private Partnerships (P3s or PPPs) are being used increasingly in the public sector to fund infrastructure improvements with a combination of public and private funding. 

Resources:  Here are a number of resources to about Public-Private Partnerships and how they work and are being used across the country:

• The National Council for Public-Private Partnerships

• U.S. Department of Transportation - Federal Highway Administration

• P3 Bulletin (website and free email subscription to news about P3s)
  

Mike Purdy's Public Contracting Blog
© 2014 by Michael E. Purdy Associates, LLC
http://PublicContracting.blogspot.com

Job Opening: Contract Administrator - Construction

Port of Seattle

• Position: Contract Administrator - Construction

• Location:  Seattle-Tacoma International Airport (Sea-Tac, Washington)

• Closing Date:  June 10, 2014 at Midnight (Pacific Time)

• Salary:  $63,688 to $79,599 Annually

• Job Summary:  This is a limited duration position and is expected to last no longer than three (3) years.  Manage the procurement contract process for routine construction contracts in the Port of Seattle's Central Procurement Office.

• For More Information and to Apply:  Click here.

Mike Purdy's Public Contracting Blog
© 2014 by Michael E. Purdy Associates, LLC
http://PublicContracting.blogspot.com