[HISTORY: Adopted by the Town of Putnam as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-18-2002 STM]
This article shall be known as the "Design-Build Ordinance."
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- DESIGN-BUILD CONTRACT
- A single contract with a design-build firm for the design and construction of a public construction project.
- DESIGN-BUILD FIRM
- A partnership, corporation or other legal entity which engages in contracting through a certified or registered general contractor, building contractor, architect, or engineer. The design-build firm is responsible to the Town to deliver the project design, budget, schedule, and actual completed construction. The design-build firm may subcontract with other firms or professionals for design, budgeting, site development or construction.
- DESIGN CRITERIA PACKAGE
- Performance-oriented specifications or drawings for a public construction project. The purpose of the design criteria package is to furnish sufficient information so as to permit design-build firms to prepare a bid or a response to request for proposal. Performance-based criteria for a public construction project may include, but not be limited to, site dimensions, site development requirements, provisions for utilities, conceptual or schematic drawings, interior space requirements, parking requirements, material quality standards, a proposed design and construction schedule, and any other requirements, terms or conditions as may be applicable to the project.
- DESIGN CRITERIA PROFESSIONAL
- A professional registered to practice architecture, landscape architecture, or engineering.
Prior to the issuance of a design-build procurement, the design criteria package and cost estimate shall be reviewed and approved by the Board of Selectmen. Thereafter, the approved design-build procurement shall be exempt from the bidding requirements described in the Town's Policy for the Purchase and Disposition of Goods, Services, Equipment, Supplies, and Property for the Town of Putnam. A legal advertisement describing the procurement shall be published once in a newspaper circulated in the Town of Putnam at least 10 working days prior to the response deadline.
To procure a design-build contract, the Town may use either a one-stage bid process or a two-stage request for qualifications and request for proposals process. If the Town elects to use the two-stage process, it shall prequalify and select no fewer than three design-build firms as the most qualified based on any combination of the qualifications of those who would work on the project, availability, prior similar experience, and past performance on public and private projects, including that of the partners or members, or financial stability.
Design-build bids or proposals shall be solicited from design-build firms pursuant to a design criteria package. Where a request for qualification process has been utilized, a request for proposals may be exclusively directed to the proposers deemed prequalified without further legal advertisements. Design-build contract responses shall be evaluated and selected based on price, value of the program of improvements proposed, design-build firm qualifications and experience, and technical and design aspects of the public construction project. The Town may pre-establish a cost reimbursement not-to-exceed guaranteed maximum price and base its selection upon the value of the program of improvements proposed for the pre-established price. The design-build contract shall be negotiated first with the proposer whose response is deemed by the awarding authority to be of the overall "best" quality in providing the services desired, taking into account the criteria for evaluating responses, requirements, terms and conditions contained in the procurement documents; all responses shall be ranked in the order of their overall quality. The awarding authority's representative shall then negotiate a contract with the firm offering the best response, at a compensation determined to be fair and reasonable to the Town, considering the estimated value, the scope, the complexity and the nature of the services to be rendered. Should a satisfactory contract not be able to be negotiated with such firm, negotiations shall be formally terminated. The awarding authority's representative shall then undertake negotiations with the firm offering the next best response and may proceed to the next firm in the order of rank and in the same fashion, until a contract is negotiated at a fair and reasonable compensation to the Town or until the procurement is cancelled without a contract award.
The Town shall employ a design criteria professional to prepare the design criteria package and shall consult with that professional concerning the evaluation of responses submitted by design-build firms. A design criteria professional who has been selected to prepare the design criteria package shall not be eligible to render services under a design-build contract executed pursuant to the design criteria package.
If a design-build contract is utilized for a public construction project, the Town shall consult with a design criteria professional:
Before entering into a contract, the design-build firm shall post a performance bond in such amount as is reasonably necessary to protect the best interests of the Town and to assure complete, proper, and full performance of the contract; a 101% performance bond shall be required on all public works construction projects costing $50,000 or more. The design-build firm shall also indemnify the Town from all mechanic lien claims attributable to work subcontracted by the design-build firm. A design-build contract shall provide for a contract price set on a cost-reimbursement basis, with a guaranteed maximum price. The cost of the work, as defined in the contract, will not exceed the guaranteed maximum price, subject to adjustment for material changes required by the Town. The "cost of the work" is defined to include design costs, labor costs, subcontract costs, cost of materials and equipment incorporated in the construction, construction materials, equipment and temporary facilities, and other related miscellaneous costs, such as building permits, testing and inspection fees. Progress payments are to be made to the design-build firm on a monthly basis pursuant to applications for payment. The design-build firm is required to submit the appropriate invoices, check vouchers and other backup for costs to be reimbursed, and payment is to be made in accordance with a schedule of values and an allocation of the guaranteed maximum price specified in the contract, less retainage from progress payments. Final payment is due when a final application for payment, accompanied by a final accounting of the cost of the work, written confirmation from all subcontractors indicating that full payment has been received and all mechanic lien claims have been waived, and a final certificate for payment, has been submitted by the design-build firm and approved by the design criteria professional.
[Adopted 11-20-2006 STM; amended in its entirety 11-17-2014 STM]
The Town of Putnam bidding ordinance adopted May 20, 1970, was amended in Town Meeting on July 11, 1989, and as amended in its entirety at a Town Meeting of November 20, 2006, is further amended and restated as follows.
Purchases for items with a value in excess of $100 and less than $2,500 must have documented verbal quotes or written quotes, whenever possible, from at least three vendors. Items with a value of $100 or less are exempt from this process.
Items costing between $2,500 and $10,000 shall require the department head to solicit at least three quotes and to provide the three quotes together with the name and telephone number of each person who supplied a quote to the Mayor for his approval. If the item is such that three quotes are unobtainable, that fact shall be documented to the Mayor in writing, and the Mayor shall sign a written waiver of the requirement of three quotes.
Any item purchased by the Town of Putnam costing in excess of $10,000 shall be subject to a formal bid procedure. All bids shall be in writing and shall be submitted in a sealed envelope to the Mayor's office at a date and time specified in the invitation to bid. All such bids shall be published at least once at least seven days before the due date in either a newspaper or other publication, delivered generally to the residents of Putnam. All such bids shall be opened at the Selectmen's meeting and formally awarded to the lowest responsible qualified bidder based upon:
The Town of Putnam reserves the right to waive any informality with any bid and if all the bids exceed the amount in the opinion of the Board of Selectmen readily available for the specific project, the Town reserves the right to enter into negotiation with the low bidder to modify the specifications.
The following items shall be exempt from the bidding ordinance:
The purchase of any item certified by the department head as an emergency purchase and countersigned by the Mayor. Any such waiver shall be immediately reported to the Board of Selectmen and shall, in a formal report to the Board of Selectman, be made at the next Selectmen's meeting indicating the nature of the emergency and the basis for the award;
All professional services; formal bidding procedures shall not be required for the award of standard professional services such as architects, engineers, legal counsel, professional consultants in the areas of personnel, insurance and the like, although the Town should use an RFP process in appropriate circumstances; and
Any item covered by an existing state or regional bid such as those obtained by the State of Connecticut or the Council of Governments. Any time an existing bid is used for a Town project, the department head or other individual responsible for the specific project shall certify in writing to the Board of Selectmen that he or she has reviewed other relevant options and in his or her opinion the acceptance of the existing bid is in the best interest of the Town of Putnam.
Exemption by board or commission. Whereas, the Board of Education, the Putnam WPCA, Putnam Housing Authority and the Putnam Redevelopment Agency have traditionally awarded their own bids independently of' the Board of Selectmen, upon certification by the respective agencies that they have the ability to implement this article internally and for reasons of efficiency feel that their specific boards should award their respective bids, the Board of Selectmen shall exempt such board or commission from the provisions of this article that require action by the Board of Selectmen, and their respective agencies shall implement the article pursuant to their own bylaws' rules of procedure.
The Town shall solicit bids on an annual basis for supplemental or additional equipment, and that bid shall remain valid for the calendar year.
Any project costing in excess of $10,000 shall be bid as a lump sum unless the department head certifies in writing to the Board of Selectmen that in excess of 50% of the labor cost of the project is provided by Town forces.
The Board of Selectmen is hereby authorized to adopt by resolution supplements and regulations further implementing this article, but nothing contained in such resolution shall lower the standards herein set forth.