Selecting Contractors and Architects Hiring Architects and Engineers in Missouri Dwight Dickinson, AIA Missouri Association of Rural Educators PART 1

Selecting Contractors and Architects

Hiring Architects and Engineers in Missouri

Dwight Dickinson, AIA

Missouri Association of Rural Educators

PART 1

Selecting Contractors and Selecting Contractors and ArchitectsArchitects

Difference Difference Between:Between:

Professional Professional ServicesServices

Construction Construction Labor and Labor and MaterialMaterial

Competitive BiddingCompetitive Bidding

““Price-Based” Price-Based”

SelectionSelection

BondedBonded

Lowest BidLowest Bid

Competitive Bidding LawCompetitive Bidding Law

RSMo. 8.250. RSMo. 8.250.

All contracts for projects over $25,000, All contracts for projects over $25,000, entered into by any officer or agency of entered into by any officer or agency of this statethis state

““shall be let to the lowest, responsive, shall be let to the lowest, responsive, responsible bidder or bidders”responsible bidder or bidders”

What Are They Bidding On?What Are They Bidding On?

Plans and SpecificationsPlans and Specifications

Quality Public BuildingsQuality Public Buildings

Professional ServicesProfessional Services



QBS – Qualifications Based QBS – Qualifications Based SelectionSelection

Qualifications is the Qualifications is the sole basissole basis for for selectionselection

Followed by Negotiation on “fair and Followed by Negotiation on “fair and reasonable” pricereasonable” price

For Scope of ServicesFor Scope of Services

Why Not Use Price?Why Not Use Price?

Cost “taints” the selection process.Cost “taints” the selection process.

Firms may tend to look more qualified Firms may tend to look more qualified when it is known they are also lower in when it is known they are also lower in price than another firm. price than another firm.

Keeping price out of the selection process Keeping price out of the selection process eliminates potential for a distorted view of eliminates potential for a distorted view of qualifications.qualifications.

The Brooks Act The Brooks Act 40 U.S.C.A. § § 541-544 40 U.S.C.A. § § 541-544

Brooks ActBrooks Act

Requires QBS for Federal procurement of Requires QBS for Federal procurement of A/E design services.A/E design services.

Rep. Rep. Jack BrooksJack Brooks (D-TX) introduced the (D-TX) introduced the Architect-Engineer Selection Act (1972). Architect-Engineer Selection Act (1972).

Later expanded to include surveying and Later expanded to include surveying and mapping.mapping.

Model for procurement acts in States Model for procurement acts in States (“mini-Brooks Acts”)(“mini-Brooks Acts”) + the ABA Model + the ABA Model Procurement Code.Procurement Code.

PurposePurpose

““The system favors selection of the The system favors selection of the most most skilled and responsible membersskilled and responsible members of of these professions”these professions”

““This system This system protects the interests of protects the interests of the taxpayersthe taxpayers. Having won the . Having won the competition on the basis of capability, the competition on the basis of capability, the winning A/E [architect/engineer] must then winning A/E [architect/engineer] must then negotiate his fee.”negotiate his fee.”

(1972 U.S.Code Cong. and Admin. News, p. 4774)(1972 U.S.Code Cong. and Admin. News, p. 4774)


Sec.902. “The Congress hereby declares it Sec.902. “The Congress hereby declares it to be the policy of the Federal Government to be the policy of the Federal Government to publicly announce all requirements for to publicly announce all requirements for architectural and engineering services, architectural and engineering services, and to and to negotiate contractsnegotiate contracts for for architectural and engineering services on architectural and engineering services on the basis of the basis of demonstrated competence demonstrated competence and qualificationand qualification for the type of for the type of professional services required and professional services required and at fair at fair and reasonable pricesand reasonable prices.” .”


Sec.904. “(a) The agency head shall Sec.904. “(a) The agency head shall negotiate a contract with negotiate a contract with the highest the highest qualified firmqualified firm for architectural and for architectural and engineering services at compensation engineering services at compensation which the agency head determines is which the agency head determines is fair fair and reasonable to the Governmentand reasonable to the Government.” .”

48 States With QBS Laws

Alaska

Hawaii

2 States Without QBS Laws

VTVTSDSD

Missouri’s Mini-Brooks ActMissouri’s Mini-Brooks Act


Enacted in 1983Enacted in 1983

RSMo. 8.285 to 8.291RSMo. 8.285 to 8.291

Applies to:Applies to:– State of MissouriState of Missouri– Political subdivisions of the State Political subdivisions of the State – Their agenciesTheir agencies


CoversCovers 1) Architectural services1) Architectural services 2) Engineering services2) Engineering services 3) Land Surveying services 3) Land Surveying services

Construction Management covered Construction Management covered under RSMo. 8.675 to 8.687 under RSMo. 8.675 to 8.687

Missouri PolicyMissouri Policy

““8.285. It shall be the policy of the state of 8.285. It shall be the policy of the state of Missouri and political subdivisions of the Missouri and political subdivisions of the state of Missouri to state of Missouri to negotiate contractsnegotiate contracts for architectural, engineering and land for architectural, engineering and land surveying services on the basis of surveying services on the basis of demonstrated competence and demonstrated competence and qualificationsqualifications for the type of services for the type of services required and at required and at fair and reasonable fair and reasonable pricesprices.” .”

Qualifications StatementsQualifications Statements

8.289. Each agency “shall encourage firms 8.289. Each agency “shall encourage firms to annually submit a to annually submit a

statement of qualifications statement of qualifications

and performance data and performance data

to the agency”to the agency”

Qualifications StatementsQualifications Statements

8.289. When a project is proposed the 8.289. When a project is proposed the agency is to evaluateagency is to evaluate

1) 1) current statementscurrent statements of of

qualifications and performance qualifications and performance

data of firms on file; anddata of firms on file; and

2) 2) those that may be submittedthose that may be submitted by by other firms regarding the proposed other firms regarding the proposed project. project.

Not Just A Beauty ContestNot Just A Beauty Contest

Four Evaluation CriteriaFour Evaluation Criteria 8.289. The agency “shall use” this criteria: 8.289. The agency “shall use” this criteria: (1) The specialized (1) The specialized experienceexperience

and technical and technical competencecompetence of of

the firm with respect to the type the firm with respect to the type

of services required; of services required;

(2) The (2) The capacity and capabilitycapacity and capability of the of the firm to perform the work in question, firm to perform the work in question, including specialized services, including specialized services, within the within the time limitationstime limitations fixed for the completion fixed for the completion of the project; of the project;

Four Evaluation CriteriaFour Evaluation Criteria

8.289. The agency “shall use” this 8.289. The agency “shall use” this criteria: criteria:

(3) The (3) The past record of performancepast record of performance of of the firm with respect to such the firm with respect to such

factors as control of costs, factors as control of costs,

quality of work, quality of work,

and ability to meet schedules; and ability to meet schedules;

(4) The firm's (4) The firm's proximity to and proximity to and familiarityfamiliarity with the area in which the with the area in which the project is located. project is located.

Short ListShort List

8.291. 8.291. 1. The agency shall list 1. The agency shall list

three highly qualified firmsthree highly qualified firms

Then select the firm considered Then select the firm considered best qualified best qualified and capable of performingand capable of performing the desired work the desired work

. . . and . . . and negotiatenegotiate a contract a contract

for the project with the firm for the project with the firm

selected selected

NegotiationsNegotiations

8.291.8.291. 2. For a basis for negotiations the agency 2. For a basis for negotiations the agency

shall prepare a written description of the shall prepare a written description of the scopescope of the proposed services. of the proposed services.

School

Board

Successful NegotiationSuccessful Negotiation

Failed NegotiationsFailed Negotiations

3. If the agency is unable to 3. If the agency is unable to negotiate a satisfactory contract negotiate a satisfactory contract with the firm selected, negotiations with the firm selected, negotiations with that firm shall be with that firm shall be terminatedterminated.. The agency shall then undertake The agency shall then undertake

negotiations with negotiations with anotheranother of the qualified of the qualified firms selected. firms selected.

If there is a failing with the second firm, If there is a failing with the second firm, negotiations with such firm shall be negotiations with such firm shall be terminated. Then undertake negotiations terminated. Then undertake negotiations with the with the thirdthird qualified firm. qualified firm.

Start OverStart Over 4. If the agency is unable to negotiate a 4. If the agency is unable to negotiate a

contract with contract with anyany of the selected firms, the of the selected firms, the agency shall:agency shall:

ReevaluateReevaluate the necessary services, the necessary services, including the scope and including the scope and reasonable fee requirementsreasonable fee requirements

Again compileAgain compile a list of qualified firms and a list of qualified firms and proceed in accordance with the provisions of proceed in accordance with the provisions of sections 8.285 to 8.291. sections 8.285 to 8.291.

2007 Senate Bill 322 2007 Senate Bill 322

Passed a law SB 322 reinforcing Passed a law SB 322 reinforcing

the state’s Mini Brooks Act the state’s Mini Brooks Act

Mandates that a Qualifications Based Selection Mandates that a Qualifications Based Selection (QBS) process for professional services be (QBS) process for professional services be implemented for all political subdivision (i.e. implemented for all political subdivision (i.e. municipalities, school districts, and all other municipalities, school districts, and all other divisions of land established by state law as a divisions of land established by state law as a district) within the state.district) within the state.

Effective Aug. 28Effective Aug. 28thth 2007 2007 “Opts “Opts Out” ChangedOut” Changed

Effective Aug. 28Effective Aug. 28th th 2007, SB 322 requires 2007, SB 322 requires any political subdivision that “opts out” of any political subdivision that “opts out” of the law must nonetheless adopt, “a the law must nonetheless adopt, “a qualification-based selectionqualification-based selection procedure procedure commensurate with state commensurate with state policypolicy”.”.

This change in the law reaffirms the need This change in the law reaffirms the need to follow the QBS process for all political to follow the QBS process for all political sub-division projects. sub-division projects.

ExceptionsExceptions RSMo. 227.107. MoDOT Design-BuildRSMo. 227.107. MoDOT Design-Build Permits Two-Phase SelectionPermits Two-Phase Selection Qualifications + PriceQualifications + Price

““The provisions of sections 8.285 to 8.291, The provisions of sections 8.285 to 8.291, RSMo, shall not apply to the procurement of RSMo, shall not apply to the procurement of architectural, engineering or land surveying architectural, engineering or land surveying services for the design-build highway services for the design-build highway project.” project.”

ExceptionsExceptions

RSMo. 8.675 to 8.687.RSMo. 8.675 to 8.687. Construction ManagementConstruction Management Qualifications + PriceQualifications + Price

8.681. Allows consideration of “fees for 8.681. Allows consideration of “fees for overhead and profit” along with long list of overhead and profit” along with long list of qualifications.qualifications.

How to Work withYour Architect

Hiring Architects and Engineers in Missouri

Dwight Dickinson, AIA

Missouri Association of Rural Educators

PART 2

Architects are Trained to Solve Problems!

SERVICES PROVIDED BY THE ARCHITECT:

1. Project Administration and Management Services

2. Evaluation and Planning Services

3. Design Services

4. Bidding and Negotiation Services

5. Contract Administration Services

6. Facility Administration Services

Visit www.aia.org for specifics

1. PROJECT MANAGEMENT AND ADMINISTRATION SERVICES:

Project Administration Coordination of Disciplines / Document

Checking Governmental Agency Consulting / Review

Approval Schedule Development / Monitoring of Work Evaluation of Budget / Preliminary Estimate Presentation Construction Administration

2. EVALUATION AND PLANNING SERVICES:

Programming Functional Relationships / Flow Diagrams Existing Facilities Assessment Surveys Marketing Studies Site Analysis & Selection

2. EVALUATION AND PLANNING SERVICES:

continued

Environmental Studies and Reports (By Others)

Zoning Process Assistance Facility and District-wide Master Planning

3. DESIGN SERVICES:

Architectural Structural Mechanical Electrical Civil Landscape Interior Design Special Design Materials Research and Specifications

4. BIDDING AND EVALUATION SERVICES:

Bidding of Construction Documents Addenda / Responding to Bidder Inquiries Analysis of Alternates / Substitutions Bid Evaluation Recommend Contract Award

5. CONTRACT ADMINISTRATION SERVICES:

Submittal Review and Rejection of Defective Work

On-site Visits Full-time On-site Project Representatives Testing and Inspection Administration Quotation Requests / Change Orders Interpretations and Decisions Project Close-out

6. FACILITY ADMINISTRATION SERVICES:

Maintenance and Operational Programming Start-up Assistance Record Drawings Warranty Review Post Occupancy Evaluation

SCOPE OF WORK:

Clear Understanding of Scope of Work Required Budget and Schedule are Key Factors Enter into a Legally Binding Contract

CONTRACT:

AIA Document B141 – Part of “Family” of Documents B141 can be modified to suit a particular project Establish Fee Structure

FEE STRUCTURE:

Typical Fee Structure:i. Per Cent of Construction Costii. Lump Sum

Typical Reimbursable Expenses:i. Printingii. Traveliii. Communications (Faxes, Long-distance Telephone

Calls)

Services usually not included under Architect’s Umbrella:i. Site Surveysii. Geotechnical Servicesiii. Material Testing during Constructioniv. Hazardous Materials Assessment and Removal

PROFESSIONAL LIABILITY INSURANCE:

Architects are required to provide this insurance for all Public Projects

Architects cannot warrant or guarantee results

Architect is required to perform to a Professional Standard of Care

KEY POINTS TO A SUCCESSFUL DISTRICT-ARCHITECT RELATIONSHIP: District must be clear on its expectations and

project outcome Architect must be a good listener Teamwork is essential to a successful project

i. Architect is Leader of the Design Teamii. However, Architect must remember that the

District is the Leader of the ENTIRE TEAM

The Goal of every Architect is to be Your

TRUSTED ADVISOR

The Goal of every Architect is to be Your

TRUSTED ADVISORTRUSTED ADVISOR

Questions?Questions?