FACILITIES
DEVELOPMENT
Regulation 7120
Facilities
Planning and Design
When the District
determines that it may need to engage the services of an architect, engineer,
or land surveyor, the Board of Education shall first attempt to select and
conduct contractual negotiations for such a service with a professional who
falls within one of the two following categories: (1) any architect, engineer, or
land surveyor who has contracted previously with the District to provide
services to the District; or (2) any architect, engineer, or land surveyor who
has been recommended to the District by a construction contractor with whom the
District is familiar.
If
the Board of Education determines that an architect, engineer, or land surveyor
selected from one of the two categories in the prior paragraph is appropriate
for the project contemplated, then contractual negotiations may be conducted
with that architect, engineer, or land surveyor, and a contract may be executed
between the District and that professional. The determination of whether a
particular architect, engineer, or land surveyor is "appropriate" for
a project is discretionary on the part of the Board of Education.
If the District
cannot agree upon the terms of a contract with the architect, engineer, or land
surveyor whom it has selected and with whom it has negotiated, or if the
District determines that a professional selected according to this policy is
not appropriate, the District will then attempt to select an appropriate
architect, engineer, or land surveyor through advertisements inviting the
submission of proposals or by directly contacting other architects, engineers,
or land surveyors. After making its selection pursuant to this paragraph, the
District will attempt to negotiate a contract with that professional. The
District will continue to follow the procedures outlined in this regulation
until a contract has been executed between the District and an appropriate
architect, engineer, or land surveyor.
Jan. 2003
FACILITIES
DEVELOPMENT
Regulation 7130
Facilities
Planning and Design
Construction
Manager Selection
When
the District determines that it may need to engage the services of a construction
manager, the Board of Education shall select a construction manager and
negotiate with that construction manager to obtain a contract that is fair and
reasonable. To select a construction
manager, the District shall advertise and solicit proposals from qualified
construction managers in the following manner:
1.
If
the total cost for the project exceeds five hundred thousand dollars
($500,000), the solicitation shall be advertised for a period of ten (10) days
in one (1) newspaper of general circulation in the county.
2.
If
the total cost of the project exceeds one million five hundred thousand dollars
($1,500,000), the solicitation shall be advertised for ten (10) days in two (2)
daily newspapers in Missouri which have not less than fifty thousand (50,000)
daily circulation in addition to the advertisement required by number 1 above.
3.
If
the total cost of the project is five hundred thousand dollars ($500,000) or
less, the solicitation need not be advertised.
Solicitations
shall require the bidders to submit the following information:
1.
Fees
for overhead and profit.
2.
Reimbursable
costs for reimbursable items.
3.
Qualifications.
4.
Demonstration
of ability to perform projects comparable in design, scope and complexity.
5.
Demonstration
of good faith efforts to achieve compliance with federal, state and local
affirmative action requirements.
6.
References
from owners for whom construction management services have been performed.
7.
Financial
strength.
8. Qualifications of personnel who will
manage the project.
9.
Demonstration
of successful management systems which have been employed for the purposes of
estimating, scheduling, and cost controls.
If
the Board of Education selects a construction manager on the basis of the above
factors, then contractual negotiations may be conducted with that construction
manager and a contract may be executed between the District and that
construction manager.
If
the Board of Education cannot reach an agreement upon the terms of a
construction management services contract through negotiations with the
selected construction manager, then the Board of Education will attempt to
select another construction manager and negotiate a contract with that
construction manager. The Board of
Education will continue to follow the procedures outlined in this policy until
a contract has been executed between the District and a construction manager.
Furthermore,
the Board of Education shall not award a contract for construction management
services on a negotiated basis to any construction manager (or a firm that
controls, is controlled by or shares common ownership or control with the
construction manager), if such construction manager:
1.
Guarantees,
warrants or otherwise assumes financial responsibility for the work of others
on the project.
2.
Provides
the District with a guaranteed maximum price for the work of others on the
project.
3.
Furnishes
or guarantees a performance or payment bond for other contractors on the
project.
A
construction management services contract to such a construction manager may
only be awarded though a competitive bid process.
Under
this policy, the term “project” shall mean the erection or construction of a
building or structure or the improvement, alteration or repair of a building or
structure. The term “construction manager”
includes, but is not limited to, consulting, advising, assisting and making
recommendations on any and all aspects of preconstruction planning, design,
bidding, and contract award and providing general observation, coordination and
direction of the work and processing of payment requests and change orders
during construction. Jan. 2003
Board Action
To
initiate the design-build method, the Board will:
1. Publically disclose its intent to utilize a design-build method
during an open session of a regular Board meeting. This meeting will occur at least one week
prior to publishing a request for proposals.
2. Retain a design criteria consultant who shall be a duly licensed
architect or engineer, to assist in preparation of a design criteria package
and request for proposal. Among the
functions to be performed by the consultant are the following:
a) To perform periodic site reviews to determine adherence to design
criteria;
b) Prepare progress reports and additional services by the District;
c) Assist in the development of project design criteria;
d) Assist in the development of requirements for proposal; and
e) Assist in evaluation of proposals.
However, the consultant may not submit a proposal or furnish,
design or consultation services for the contract for which they were retained
to consult. The consultant will be
selected and its contract negotiated consistent with the process utilized in
Policy 7120 for selection of architects and engineers, unless the consultant is
a District employee.
3.
Publish a notice of the request for
proposals with a description of the project, the procedures for submission and
the selection criteria to be used. This notice
will be publicized in a newspaper of general circulation located in the county
within the boundaries of the District.
The publication will occur once per week for two consecutive weeks prior
to opening of proposals
Selection Process/Design Criteria
Consultant
1. A design criteria consultant will be retained by the District to
assist in preparation of the design criteria package and request for
proposals.
2. The consultant will assist the District in the development of
project design criteria, requests for proposals, evaluation of proposals and
any additional services requested by the District.
3. Requests for Proposals will include:
a) Procedures for submitting proposals.
b) Criteria for evaluating proposals including the relative weight of
each criteria.
c) Terms and conditions of the design-build contract.
d) The design criteria package.
e) Description of the drawings and specifications.
f) A schedule of the planned commencement and completion of the
design-build contract.
g) Budget limits, if any.
h) Requirements for performance bonds, payment bonds and insurance.
i)
Amount of stipend.
Bid Process
Phase
One.
1. All bidders will be required to submit a statement of
qualifications to include:
a) Demonstrated ability to perform projects comparable in design, scope
and complexity.
b) References of Owners of design-build projects completed.
c) Qualifications of personnel will manage the design and
construction aspects.
d) Names and qualifications of the primary design consultants and
primary trade contractors proposed to be utilized.
Phase
Two/Evaluation Team.
1. The District will select qualified design-builders to proceed to
Phase Two. The number selected to
proceed will not be more than five, nor less than two in number.
2. Neither price nor fee will be a part of the pre-qualification
criteria.
3. Design-builders will participate in an interview.
4. Qualified design-builders will assemble a Phase II proposal to
include:
a) Project design.
b) Ability to meet the approved schedule.
c) Points will be awarded as follows:
i.
Up to 20% based on qualification and
ability to design, contract and deliver the project on time and within budget.
ii.
Phase II points will account for not less
than 40% of the total points.
Phase
Three.
a) Perform regular site visits to determine adherence to the design
criteria.
b) Prepare progress reports.
c) Review and approve progress and final pay applications of the
design-builder
d) Review shop drawings and submissions
e) Provide input in disputes
f) Interpret construction documents
g) Perform inspections upon substantial and final completion
h) Complete warranty inspections.
When the Board elects to utilize the
construction manager at risk method of construction, the following procedures
will be follows:
Initial
Board Action
At least one week prior to publishing
request for construction manager qualifications, the Board will disclose at a
regular meeting, open session, its intent to utilize a construction manager at
risk (hereinafter “CM-AR”) and the selection criteria it will utilize in the
process.
Prior to or at the same time the Board
selects a CM-AR, the Board will select an architect who will be responsible for
preparation of construction documents.
Publication
of Request for Proposals/Qualifications
The District will publish its requests for
proposals or qualifications for a CM-AR in a newspaper of general circulation
located in a county within the District’s boundaries once per week for two
consecutive weeks prior to the opening of proposals.
Process
for Selection of a Construction Manager
Step One:
The District’s Request for Qualifications will include such general
information to include:
Selection criteria will include but not be
limited to the following:
Step Two:
The District will, based upon qualifications, select two (2) to five (5)
potential CM-ARs to provide additional information including each potential
CM-AR’s proposed fee and its price for fulfilling the general conditions.
Proposal
Openings
At the conclusion of each of the two
steps, the District shall receive, publically open and read aloud the names of
the CM-ARs.
Selection
In making its selection the District will
weigh the proposing CM-AR’s qualifications a minimum of forty (40%)
percent. Cost shall account for a
maximum of sixty (60%) percent.
The District will select the CM-AR that
submits the proposal that offers the best value based upon the published
selection criteria and on its ranking evaluations.
Within forty-five (45) days after the date
of opening proposals, the District will evaluate and rank each proposal in
relation to the proposal/qualifications submitted in relation to the criteria
contained in the District’s RFP.
The District will then interview at least
two of the top ranked proposers as part of the final selection process. The District will first attempt to negotiate
a contract with the selected CM-AR. If
negotiations are unsuccessful, the District will notify such CM-AR, in writing,
that negotiations have ended. The
District will then begin negotiations with the second highest most ranked CM-AR
following the same process until a contract is reached.
Selection
of Subcontractors
The selected CM-AR will publically
advertise for bids from trade contractors for performance of all major elements
of the work in the same manner as if the bids were solicited directly by the
District.
The CM-AR may submit sealed bids for
portions of the construction work that they may elect to perform in the same
manner as other trade contractors. However,
the District has the right to restrict the CM-AR from submitting such bids to
perform trade work.
The CM-AR will review all bids and
recommend approval of trade work bids.
Where the CM-AR is permitted to and does submit sealed bids for certain
subcontracts, the District will determine if the CM-AR’s trade work bid offers
the best value for the District.
If the CM-AR reviews, evaluates and
recommends a bid for trade contractor, the Board may accept or reject the
recommendation and require that another bid be accepted. In such case, the District will compensate
the CM-AR by a change in price, time or guaranteed maximum cost due to
additional cost or risk occasioned by rejection of the CM-AR’s recommended
bidder.
Construction
If a selected trade contractor materially
defaults in its performance or fails to execute a subcontract, the CM-AR,
without further authorization may fulfill the requirements of the defaulted
contract or may select a replacement subcontractor.
Performance
and Payment Bonds
The CM-AR will deliver performance and
payment bonds to the District no later than the tenth (10th) day
after the date the fixed contract amount, or guaranteed price is
established. The sums of such bonds
shall equal the sum of the fixed contract amount or guaranteed maximum price.