[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:
A single contract with a design-build firm for the design
and construction of a public construction project.
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.
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.
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.[1] 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.
A.
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:
B.
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:
A.
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;
B.
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
C.
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.
D.
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.
