Issues & AdvocacyState

OPTION #3

DESIGN-BUILD LEGISLATION - BRIDGING

The following is an example of language in legislative format for Design-Build/Bridging. In this variation of design-build, the owner first employs an owner’s architect to assist with development of design criteria, conceptual design, procurement of the design-builder, and administration of the contract for construction. The selection of design-build teams is first narrowed by consideration of qualifications. Finalists are then issued a request for proposals that provides a conceptual design and performance and quality requirements. Proposals in response provide a price consistent with the RFP requirements. The award of contract is based on a combination of price and qualitative considerations such as technical approach, quality of personnel, and/or management plan. The architect member of the design-builder becomes the architect of record and completes design refinement and construction documentation. A stipend for unsuccessful competitors of the RFQ may or may not be included. If this D-B method is not preferred, other language is available to amend this example to adopt other variations of D-B.

I. LEGISLATIVE PURPOSE AND INTENT.

The legislature recognizes that there is a public need for high performing design, construction, improvement, renovation, and expansion of public facilities within the state of [insert state];

Such public need may not be wholly satisfied by existing methods of procurement in which public facilities are designed, constructed, improved, renovated or expanded;

Efficient delivery of quality design and construction can be realized when a governmental entity is authorized to utilize an integrated approach for the design and construction of a project under one contract with a single point of responsibility;

The Design-Build integrated approach to project delivery, when based on qualifications and experience, can result in a project that involves consistent collaboration among design professionals, builders, and owners throughout the process, from beginning to end, and delivers a high quality building.

II. DEFINITIONS.

(1) "Design-builder" means a partnership, corporation, joint venture, or other legal entity that offers to provide or provides design and construction services under a single contract. The design-build team shall include design professionals and construction contractors qualified to engage in design and construction in [cite state].

(2) “Governmental entity,” for the purpose of this law, means the state, political subdivisions of the state, public school corporations, and all officers, boards, or commissions empowered by law to enter into contracts for the construction of public improvements [insert any exceptions].

(3) “Design Criteria” means the requirements for a public project, expressed in drawings and specifications sufficient to allow the design-builder to make a responsive proposal. Design criteria may include, as appropriate:

a. Capacity;

b. Durability;

c. Standards; and,

d. Other criteria for the intended use.

III. APPLICABILITY. This law [cite section/subsection of the law] applies to all governmental entities in this [cite state]. [Insert any exceptions, such as limiting DB to specific governmental entities, building types, etc.]

IV. CONTRACTS FOR PROJECTS: DESIGN-BUILD.

(a) A governmental entity may use the design-build method for the construction, rehabilitation, alteration, or repair of a project. In using this method and in entering into a contract for the services of a design-builder, the contracting governmental entity and the design-builder shall follow the procedures provided below.

(b) A governmental entity shall use the following considerations as a minimum basis for determining the circumstances under which the design-build method is appropriate for a project:

(1) the extent to which the governmental entity can adequately and thoroughly define the project requirements prior to issuance of the request for qualifications for a design-builder;

(2) the time constraints for the delivery of the project;

(3) the ability to ensure that a quality project can be delivered; and

(4) the capability of the governmental entity to manage and oversee the project, including the availability of experienced architectural staff or outside architectural consultants who are experienced with the design-build method of project delivery.

(c) A governmental entity shall make a formal finding on the considerations described by Subsection (b) before preparing a request for qualifications and shall issue for the purpose of fair and open competition a public notice of request for qualifications.

V. DESIGN CRITERIA ARCHITECT.

On or before entering into a contract for design-build services, the governmental entity shall select or designate a staff architect, or an architect who is independent of the design-builder, to act as its design criteria architect as its representative for the procurement process and for the duration of the design and construction.

The design criteria architect has full responsibility for complying with [cite enabling Architects Practice statute].

If the architect is not a full-time employee of the governmental entity, the governmental entity shall select the architect on the basis of demonstrated competence and qualifications as provided by [cite QBS law or Brooks Act].

The design criteria architect shall develop design criteria in consultation with the governmental entity.

The design criteria architect shall not be eligible to submit a response to the request for proposals nor to provide design input to a design-bid response to the request for proposals.

VI. REQUEST FOR QUALIFICATIONS.

(a) The governmental entity, assisted by its design criteria architect, shall prepare a request for qualifications that includes, but is not limited to, general information on:

(1) project site;

(2) project scope;

(3) project budget;

(4) project schedule;

(5) criteria for selection and the weighting of the qualifications criteria;

(6) notice of any rules, ordinances or goals established by the governmental entity, including goals for minority and women-owned business participation;

(7) other information that may assist potential design-builders in submitting qualifications for the project.

VII. EVALUATION OF RESPONSES TO REQUESTS FOR QUALIFICATIONS.

(a) The governmental entity assisted by its design criteria architect shall evaluate each responsive design-builder for the following considerations:

(1) specialized experience and technical competence with respect to the type of services required;

(2) capacity and capability to perform services within the time limitations fixed for the project;

(3) the past record of performance of the design-builder or of the members of the design-build team with respect to such factors as control of costs, quality of work, and ability to meet schedules;

(4) the design-builder’s proximity to and familiarity with the area in which the project is located;

(5) other appropriate information submitted in response to the request for qualifications

(b) The governmental entity may request design-builders to submit additional information and, if the governmental entity chooses, invite some or all responders to an interview with the governmental entity.

(c) Each design-builder shall certify to the governmental entity that each architect or engineer that is a member of the design-build team was selected based on demonstrated competence and qualifications, in the manner provided by [cite QBS statute or Brooks Act]; and,

(d) Following evaluation of the qualifications of the design-builders, the governmental entity shall select, based on the published considerations, the three most highly qualified design-builders and issue to them a request for proposal.

VIII. REQUEST FOR PROPOSALS.

(a) The governmental entity shall request proposals from the selected design-builders. The request for proposals shall include, but is not limited to:

(1) the procedures to be followed for submitting proposals, including place, date, and time deadlines;

(2) the considerations for evaluation of proposals and their relative weight;

(3) the design criteria as defined in Section IX;

(4) budget limits for the design-build contract, if any;

(5) a requirement for the submittal of a total project price with identified assumptions, allowances, unit prices, etc., if any;

(6) policies of the governmental entity, such as:

i. retainage,

ii. contingencies,

iii. requirements for bid security, performance bonds, payment bonds, and insurance.

IX. DESIGN CRITERIA.

(a) The governmental entity, assisted by its design criteria architect, shall prepare design criteria that includes detailed information on the project, such as:

(1) programmatic needs, interior space requirements, intended space utilization, and other capacity requirements

(2) information on the physical characteristics of the site, such as a topographic survey.

(3) material quality standards or performance criteria;

(4) special material requirements;

(5) provisions for utilities;

(6) parking requirements;

(7) the type, size, and location of adjacent structures;

(8) preliminary or conceptual drawings and specifications sufficient in detail to allow the design-builder to make a proposal which is responsive to the request for proposals; and

(9) notice of any ordinances, rules, or goals adopted by the governmental entity;

X. EVALUATION OF PROPOSALS AND SELECTION OF BEST PROPOSAL.

(a) Proposals shall be sealed and shall not be opened until expiration of the time established in the request for proposals. Once the deadline for submittals has expired, the governmental entity and its design criteria architect shall evaluate responses to the request for proposals.

(b) The governmental entity may reject as nonresponsive any design-builder that makes a significant change to the composition of its team as initially submitted.

(c) The governmental entity and its design criteria architect shall review the proposals for conformance with the requirements of the request for proposals. Clarifications may be required of each design-builder by the governmental entity. The governmental entity shall determine in its opinion the best proposal and recommend to the governmental entity that a contract be awarded to that design-builder.

(d) The governmental entity shall have the right to reject any and all proposals and may thereafter solicit new proposals using the same process.

XI. NEGOTIATIONS.

(a) The governmental entity shall enter into negotiations with the selected design-builder to reach final agreement on terms and conditions of the contract for construction.