§ 29-316. Progressive design build.

Except as provided by applicable state law, progressive design-build project delivery procedures shall be conducted as follows:

(1)

The unified government shall determine the scope and level of detail required to permit qualified firms to submit progressive design-build qualifications and proposals in accordance with the unified government's requirements given the nature of the project. A request for qualifications shall be prepared for each progressive design-build contract containing at minimum the procedures to be followed for each of the two phases in the process for submitting the statement of qualifications and proposals, the criteria for evaluation of the statement of qualifications and proposals and their relative weight and the procedures for making awards.

(2)

Notice of requests for qualification shall be advertised and published at least 15 days prior to the commencement of such request in the official county newspaper and in such other appropriate manner as may be determined by the unified government. The notice shall include a description of the project and the procedures for submittal.

(3)

The unified government shall solicit proposals in a two-stage process. Phase I shall be the solicitation of qualifications of the design-build team and prequalifying a short list of firms to advance to Phase II. Phase II shall be the solicitation of a proposal including the proposed project approach and an interview with each firm to present their qualifications and answer questions.

a.

Phase I shall require all firms to submit a statement of qualifications which shall include, but not be limited to, the following:

i.

Demonstrated ability to perform projects comparable in design, scope and complexity.

ii.

References of owners for whom progressive design-build projects or any alternative delivery projects have been performed.

iii.

Qualifications of personnel who will manage the design and construction aspects of the project.

iv.

The names and qualifications of the primary design consultants and contractors with whom the design-builder proposes to subcontract. The design-builder may not replace an identified subcontractor or subconsultant without the written approval of the unified government.

v.

Firms submitting a statement of qualifications shall be capable of providing a public works bond in accordance with K.S.A. 60-1111, and amendments thereto, and shall present evidence of such bonding capability to the unified government with their statement of qualifications. If a firm fails to present such evidence, such firm shall be deemed unqualified for selection under this subsection.

b.

The unified government shall evaluate the qualifications of all firms in accordance with the instructions prescribed in the request for qualifications. A short list containing a minimum of three and maximum of five qualified firms selected by the evaluation team to have the best and most relevant qualification to perform the services required of the project and may proceed to phase II of the selection process. If the unified government receives qualifications from less than four firms, all firms shall be invited to participate in phase II of the selection process. Firms lacking the necessary qualifications to perform the work shall be disqualified and shall not proceed to phase II of the process. Under no circumstances shall price or fees be considered as part of the prequalification criteria. Points assigned in the phase I evaluation process shall not carry forward to phase II of the process. All qualified firms shall be ranked on points given. The evaluation and scoring process shall determine the greatest value to the unified government.

c.

Phase II of the process shall be conducted as follows:

i.

The remaining project requirements will be provided to the prequalified firms to include the following:

(A)

The terms and conditions for the design-build contract.

(B)

The design criteria package, if applicable.

(C)

A schedule for planned commencement and completion of the design-build contract.

(D)

Requirements, including any available ratings for performance bonds, payment bonds and insurance.

(E)

Any other information that the unified government at its discretion chooses to supply, including without limitation, surveys, soil reports, drawings of existing structures, environmental studies, photographs or references to public records.

ii.

Prequalified firms selected in phase I shall be given a request for proposal. The request for proposal shall require all firms to submit a more in-depth response including, but not be limited to:

(A)

Company overview;

(B)

Experience or references, or both, relative to the project under question;

(C)

Resumes of proposed project personnel;

(D)

Overview of preconstruction services;

(E)

Overview of construction planning;

(F)

Proposed safety plan;

(G)

Fees, including fees for preconstruction services, fees for general conditions, fees for overhead and profit and fees for self-performed work, if any.

d.

The submittals shall be evaluated and assigned points in accordance with the requirements of the request for proposal.

(4)

The successful responsive firm shall be awarded the progressive design-built contract. If the unified government determines, that it is not in the best interest of the unified government to proceed with the project pursuant to the proposal offered by the successful firm, the unified government shall reject all proposals.

(5)

If all proposals are rejected, the unified government may solicit new proposals using different design criteria, budget constraints or qualifications.

(6)

The progressive design-build contract will typically be awarded in phases; design and preconstruction followed by one or more amendments for construction. The contract form will be a cost plus guaranteed maximum price contract.

(7)

The unified government or progressive design-builder, at the unified government's discretion, shall publish a construction services bid notice as may be determined by the unified government. Each construction services bid notice shall include the request for bids and other bidding information prepared by the design-builder and the unified government. The unified government may allow the design-builder to self-perform construction services provided the construction manager or general contractor submits a bid proposal under the same conditions as all other competing firms. At the time for opening the bids, the design-builder shall evaluate the bids and shall determine the lowest responsible bidder except in the case of self-performed work for which the unified government shall determine the lowest responsible bidder. The design-builder shall enter into a contract with each firm performing the construction services for the project. All bids will be available for public view.

(Ord. No. O-4-19 , § 5, 2-14-2019)