[Ord. No. 15-116 §1, 12-7-2015[1]]
As used in this Chapter, the following terms shall have the
meanings defined herein:
St. Charles County, Missouri.
Any individual, partnership, joint venture, corporation or
other legal entity that enters into a design-build contract with the
County, whether such entity contracts to perform its obligations directly
or through subcontracts.
A contract in which a design-builder will furnish to the
County the architecture, engineering, landscape architecture, and/or
related design services required for a given County construction project,
and also will furnish the labor, equipment, materials, and other construction
services necessary to construct the same project.
A person, corporation, partnership or other legal entity
duly registered and authorized to practice architecture, landscape
architecture or professional engineering in the State of Missouri
under Chapter 327, RSMo., who 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, and
who may also provide construction management, inspection, and other
services.
Performance-oriented specifications for a County construction
project sufficient to permit a design-builder to prepare a proposal
in response to the County's request for proposals for a design-build
project.
The Director of Administration of St. Charles County.
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
of a department or entity for which the County construction 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 submitted by potential design-builders. The evaluation
team, which shall be established anew for each contemplated design-build
construction 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 Finance Director.
The response to the County's request for proposals from
a potential design-builder, which shall be in the form of an offer
to the County to enter into a design-build contract.
The document by which the County solicits proposals.
An amount that may be established to reimburse parties who
submit a proposal but are not selected as a design-builder in certain
complex projects to defray the cost of submission of phases II and
III of the proposal as set forth in this Chapter.
[1]
Editor's Note: Section 2 of Ord. No. 15-116 also provided
an effective date of 1-1-2016.
[Ord. No. 15-116 §1, 12-7-2015]
A.
The Director may make a determination of the need to use the design-build procurement process set forth in this Chapter to complete a particular project notwithstanding the provisions of Chapter 135, Purchasing Policy. 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
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 the County Council, which may be by consent agenda
or resolution.
[Ord. No. 15-116 §1, 12-7-2015]
A.
The Finance Director, with the consultation of the Director, 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 Finance Director, with the consultation
of the Director, 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 Executive 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 project administration.
The design criteria consultant shall be selected and its contract
negotiated in compliance with applicable law.
C.
Notice of requests for proposals shall be advertised in the manner specified in Chapter 135 for purchases where the estimated expenditure is fifteen thousand dollars ($15,000.00) or more. The notice shall include a description of the project, the procedures for submittal and the selection criteria to be used.
[Ord. No. 15-116 §1, 12-7-2015]
A.
After approval by the County Council as set forth in Section 136.020, 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;
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;
6.
Budget limits for the design-build contract;
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 and insurance; and
9.
Any other information that the Finance Director in the exercise
of discretion chooses to supply, including without limitation, surveys,
soils reports, drawings of existing structures, environmental studies,
photographs or references to public records.
B.
The Director of Finance 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 submittals of the proposers
and assign points in accordance with the instructions of the request
for proposals.
D.
Any person, firm or corporation submitting a response to a solicitation
issued by the County pursuant to this Section shall be considered
as having dealings with the County within the meaning of Article X,
Section 10.400 of the St. Charles County Charter relating to conflicts
of interest.
[Ord. No. 15-116 §1, 12-7-2015; Ord. No. 16-061 §1, 8-8-2016]
A.
Phase I shall require all proposers 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 have been
performed;
3.
Qualifications of personnel who will manage the design and construction
aspects of the project;
4.
The names and qualifications of the primary design consultants
and construction contractors with whom the potential design-builder
proposes to subcontract, including the participation and/or funding
by the contractor or proposed subcontractor(s) in any Department of
Labor, Bureau of Apprentice Training approved program. A proposer
may not later replace a primary consultant or contractor without written
approval of the Director.
B.
The evaluation team shall review the qualifications of all proposers
based on the project requirements. Qualified proposers selected by
the evaluation team may proceed to Phase II and Phase III of the selection
process. Proposers 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 Finance Director, shall
have discretion to disqualify any proposer 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 Finance Director shall invite up to five (5) most qualified proposers
to participate in Phase II and Phase III of the process and shall
use all due diligence to invite at least three (3) proposers. If a
minimum of two (2) qualified proposers cannot be identified, the process
will cease.
[Ord. No. 15-116 §1, 12-7-2015]
A.
Proposers must submit their design for the project to the level of
detail required in the request for proposals. The Phase II (Design)
submittal should demonstrate compliance with the requirements set
out in the request for proposals.
B.
Under no circumstance should the Phase II (Design) submittal contain
any reference to the cost of the project.
C.
The proposed schedule may be considered as an element of evaluation
in Phase II (Design), Phase III (Cost), or both.
D.
The Phase II (Design) submittals will be evaluated and assigned points
in accordance with the requirements of the request for proposals.
[Ord. No. 15-116 §1, 12-7-2015]
A.
Submittals for Phase II (Design) and Phase III (Cost) shall be submitted
concurrently. The Phase III (Cost) submittals will be opened only
after the Phase II (Design) submittals have been evaluated and assigned
points.
B.
The Phase III (Cost) submittals must provide a firm, fixed cost of
construction. The submittal must be accompanied by bid security and
any other items required by the request for proposals.
C.
Phase III (Cost) submittals must be submitted in accordance with
the instructions of the request for proposals. Failure to submit on
time shall be cause for rejection.
D.
Phase III (Cost) submittals 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) submittals will be evaluated in
accordance with the requirements of the request for proposals and
the points assigned will be added to the total of Phase II (Design)
scores for each proposer.
E.
The proposed schedule may be considered as an element of evaluation
in Phase II (Design), Phase III (Cost), or both.
F.
The responsive proposer with the highest total number of points will
be awarded the design-build contract by the Finance Director. The
Finance Director may reject any and all proposals.
G.
If all proposals are rejected, the Finance Director may solicit new
proposals using the same or different design criteria, budget constraints
or qualifications.
[Ord. No. 15-116 §1, 12-7-2015]
As an inducement to qualified design professionals in certain
complex projects, the County may pay a total project stipend in an
amount up to one and one-half percent (1.5%) of the project cost as
set forth in the request for proposals. This amount shall be divided
equally between each proposer 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 may be included in
a request for proposals only upon the approval of the County Council
by consent agenda or resolution after a request by the Director outlining
the need for a stipend due to the particular complexity of the project.
Upon payment of the stipend, the County shall acquire a non-exclusive
right to use the design submitted by the proposer, and the proposer
shall have no further liability for its use by the County in any manner.
[Ord. No. 15-116 §1, 12-7-2015]
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 by persons who are duly licensed
in this State or by entities that hold current certificates of authority
from the board for the appropriate profession.
