[Ord. No. 23-0504, 12-11-2023]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Jefferson County, Missouri.
A project for which the design and construction services
are provided to the County under one (1) contract.
Any individual, partnership, joint-venture, or corporation
or other legal entity that enters into a design-build contract with
the County, in which services within the scope of the practice of
professional architecture or engineering are performed respectively
by a licensed architect or licensed engineer and in which services
within the scope of general contracting are performed by a general
contractor or other legal entity that furnishes architecture or engineering
services and construction services whether such entity contracts to
perform its obligations directly or through subcontracts or joint
ventures.
A contract between the County and a design-builder, to furnish
the architecture, engineering, landscape architecture, and related
design services required for a given County construction project,
and to furnish the labor, materials and other construction services
for the same construction project.
The design, construction, alteration, addition, remodeling,
or improvement of any buildings or facilities under contract with
the County. Such design-build project, includes, but are not limited
to:
Civil works projects, such as roads, streets, bridges, utilities,
airport runways and taxiways, storm drainage and flood control projects,
or transit projects; and
Non-civil works projects, such as buildings, site improvements,
and other structures, habitable or not, commonly designed by architects
in excess of seven million dollars ($7,000,000.00).
A person, corporation, partnership or other legal entity
duly licensed and authorized to practice architecture, landscape architecture
or professional engineering in the State of Missouri under Chapter
327, RSMo., and who is employed by or has entered into a contract
with the County to provide professional design and administrative
services in connection with the preparation of a design criteria package.
The design criteria consultant may not submit a proposal or furnish
design or construction services for the design-build contract for
which its services were sought.
Performance-oriented specifications for a County design-build
project sufficient to permit a design-builder to prepare a proposal
to the County's request for proposals for a design-build project.
The County Director who is directly responsible for the County
design-build project.
A group of not more than five (5) nor less than three (3)
persons each of whom shall be an employee of either the County or
entity for which the County design-build project is primarily intended,
depending upon the complexity of the particular project as determined
by the Director, which has the duty to evaluate the proposals of design-builders.
The team, which shall be established anew for each contemplated design-build
project, shall consist of two (2) to four (4) members, including a
Chair, appointed by the Director and one (1) member who shall be appointed
by the Purchasing Manager or their designee.
Manager of contracts, grants and special projects for the
County.
The document by which the County solicits proposals for a
design-build contract.
An offer in response to a request for proposals by a design-builder
to enter into a design-build contract for a design-build project under
this Chapter.
An amount that may be established to reimburse unsuccessful
design-builders to defray the cost of submission of Phase II of the
design-build procurement process in this Chapter.
[Ord. No. 23-0504, 12-11-2023]
A.
The Director may make a determination of the need to use the design-build procurement process set forth in this Section to complete a particular project notwithstanding the provisions of Chapter 130, Procurement Policy and Procedures. In making that determination, the Director shall consider:
1.
Time constraints for delivery of the project;
2.
The type of project and its suitability for the design-build procurement
process;
3.
The size and estimated cost of the project;
4.
The level of departmental knowledge and confidence about the project
scope and definition; and
5.
The availability of using departmental staff to manage the project.
B.
If
the Director makes such a determination of need, the Director shall
notify the County Council of the determination and the reasons therefor.
The design-build procurement process set forth in this Chapter shall
not thereafter proceed except upon the approval of the Director's
determination by order of the County Council.
[Ord. No. 23-0504, 12-11-2023]
A.
The
Director, with the consultation of the Purchasing Manager, shall determine
the scope and level of detail required to permit qualified persons
to submit proposals in accordance with the request for proposals,
given the nature of the project. The Director, with the consultation
of the Purchasing Manager, shall establish in the request for proposals
a time, place and other specific instructions for the receipt of proposals.
Proposals not submitted in strict accordance with those instructions
shall be subject to rejection.
B.
The
County may enter into a contract with a design criteria consultant
to prepare or to assist in preparation of the request for proposals,
perform periodic site visits, prepare progress reports, review and
approve progress and final pay applications of the design-builder,
review shop drawings and submittals, interpret the construction documents,
perform inspections upon substantial and final completion, assist
in warranty inspections and to provide any other professional service
where the Director deems it to be in the public interest to have an
independent design professional assisting with the design-build project
administration. The design criteria consultant shall be selected,
and its contract negotiated in compliance with applicable law, unless
the consultant is a direct employee of the County.
C.
Notice of requests for proposals shall be advertised in the manner specified in Chapter 130 for purchases where the estimated expenditure is in excess of fifteen thousand dollars ($15,000.00). The notice shall include a description of the project, the procedures for submittal and the selection criteria to be used.
[Ord. No. 23-0504, 12-11-2023]
A.
After approval by the County Council as set forth in Section 131.020, Determination of Need, a request for proposals may be issued. A request for proposals shall contain at least the following elements:
1.
The procedures to be followed for submitting proposals, the criteria
for evaluation of proposals and their relative weight and the procedures
for making the award;
2.
The proposed terms and conditions for the design-build contract,
if available;
3.
The design criteria package;
4.
A description of the drawings, specifications or other information
to be submitted with the proposal, with guidance as to the form and
level of completeness of the drawings, specifications or other information
that will be acceptable;
5.
A schedule for planned commencement and completion of the design-build
contract, if any;
6.
Budget limits for the design-build contract, if any;
7.
Affirmative action and minority or women business enterprise goals
or requirements for the design-build contract, if any;
8.
Requirements including any available ratings for performance bonds,
payment bonds and insurance; and
9.
Any other information that the Director in exercising discretion,
in consultation with the Purchasing Manager chooses to supply, including
without limitation, surveys, soils reports, drawings of existing structures,
environmental studies, photographs, references to public records or
other information consistent with applicable law.
B.
The
Purchasing Manager shall solicit proposals in a three-phase process.
Phase I shall be the solicitation of qualifications of the design-builder.
Phase II shall be the solicitation of a technical proposal including
conceptual design for the project, and Phase III shall be the solicitation
of a proposal of the construction cost.
C.
The
evaluation team shall review the submissions of the proposals and
assign points in accordance with the instructions of the request for
proposals.
[Ord. No. 23-0504, 12-11-2023]
A.
Phase
I shall require all design-builders to submit a statement of qualifications,
that shall include, but not be limited to:
1.
Demonstrated ability to perform projects comparable in design, scope
and complexity;
2.
References of owners for whom design-build projects, construction
projects, or design projects have been performed;
3.
Qualifications of personnel who will manage the design and construction
aspects of the project; and
4.
The names and qualifications of the primary design consultants, primary
trade contractors and construction contractors with whom the potential
design-builder proposes to subcontract or joint venture, including
the participation and/or funding by the contractor or proposed subcontractor(s)
or joint venturer in any Department of Labor, Bureau of Apprentice
Training approved program. A design-builder may not later replace
an identified primary consultant, subcontractor, design consultant,
subconsultant or contractor without written approval of the Director.
B.
The
evaluation team shall review the qualifications of all design-builders
based on the project requirements. Qualified design-builders selected
by the evaluation team may proceed to Phase II and Phase III of the
selection process. Design-builders lacking the minimum qualifications
to perform the work will be eliminated and shall not proceed with
Phase II and Phase III. A formal evaluation system will be utilized
in Phase I; however, no points from Phase I will be included in Phase
II or Phase III evaluations.
C.
The
Director, with the consultation of the Purchasing Manager, shall have
discretion to disqualify any design-builder that lacks the minimum
qualifications required to perform the work. Under no circumstances
shall price or fee be a part of the Phase I analysis.
D.
The
Director, with the consultation of the Purchasing Manager, shall invite
up to five (5) top qualified design-builders to participate in Phase
II and Phase III of the process and shall use all due diligence to
invite at least three (3) design-builders. If a minimum of two (2)
qualified design-builders cannot be identified, the process will cease.
[Ord. No. 23-0504, 12-11-2023]
A.
Design-builders
must submit their design for the project to the level of detail required
in the request for proposals. The Phase II (Design) proposal should
demonstrate compliance with the requirements set out in the request
for proposals.
B.
Under
no circumstance should the Phase II (Design) proposal contain any
reference to the cost of the proposal.
C.
The
proposed schedule may be considered as an element of evaluation in
Phase II (Design).
D.
The
Phase II (Design) proposal will be evaluated and assigned points in
accordance with the requirements of the request for proposals. Phase
II (Design) shall account for not less than forty percent (40%) of
the total point score assigned by the evaluation team as specified
in the request for proposal.
[Ord. No. 23-0504, 12-11-2023]
A.
Proposals
for Phase II (Design) and Phase III (Cost) shall be submitted concurrently
at the time and place specified in the request for proposal, but in
separate envelopes or other means of submission. The Phase III (Cost)
proposals shall be opened only after the Phase II (Design) proposals
have been evaluated and assigned points, ranked in order and posted.
B.
The
Phase III (Cost) proposals shall provide a firm, fixed cost of design
and construction. The proposal shall be accompanied by bid security
and any other items required by the request for proposals. Phase III
shall account for not less than forty percent (40%) of the total point
score assigned by the evaluation team as specified in the request
for proposal.
C.
Phase
III (Cost) proposals shall be submitted in accordance with the instructions
of the request for proposals. Failure to submit on time shall be a
cause for rejection.
D.
Phase
III (Cost) proposals will be opened and read aloud at the time and
place specified in the request for proposals. At the same time and
place, the evaluation team will make public its scoring of Phase II
(Design). Phase III (Cost) proposals will be evaluated in accordance
with the requirements of the request for proposals. In evaluating
the Phase III (Cost) proposals, the lowest responsive design-builder
shall be awarded the total number of points assigned to be awarded
in Phase III (Cost). For all other design-builders, cost points shall
be calculated by reducing the maximum points available in Phase III
(Cost) by at least one percent (1%) for each percentage point by which
the design-builder exceeds the lowest bid and the points assigned
shall be added to the points assigned for Phase II (Design) for each
design-builder.
E.
The
responsive design-builder with the highest total number of points
will be awarded the design-build contract by the Purchasing Manager.
The Purchasing Manager may reject any and all proposals.
F.
If
all proposals are rejected, the Director, in consultation with the
Purchasing Manager, may solicit new proposals using the same or different
design criteria, budget constraints or qualifications.
[Ord. No. 23-0504, 12-11-2023]
As an inducement to qualified design-builders , the County shall pay a total design-build project stipend in an amount of no less than one-half of one percent (0.5%) of the total project budget as set forth in the request for proposals. This amount shall be divided equally between each design-builder who was selected to participate in Phase II and Phase III of the process and whose proposal is responsive but not accepted. Provided, however, that a stipend must be approved by the County Council as part of an order as stated under Section 131.020(B). Upon payment of the stipend, the County shall acquire a non-exclusive right to use the design submitted by the design-builder, and the design-builder shall have no further liability for its use by the County in any manner.
[Ord. No. 23-0504, 12-11-2023]
Any person or entity that enters into a design-build contract
pursuant to this Chapter shall be exempt from the requirement that
such person be licensed or such entity be authorized by the appropriate
board as long as the architectural, landscape architectural, engineering
or land surveying services are performed under the design-build contract
by persons, through subcontracts or joint ventures, who are duly licensed
in this State or by entities that hold current certificates of authority
from the board for the appropriate profession.
