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

Selecting Contractors and Architects Difference Between: Difference Between: Professional Services Professional Services Construction Labor and Material Construction Labor and Material

Competitive Bidding “Price-Based” “Price-Based” Selection Selection Bonded Bonded Lowest Bid Lowest Bid

Competitive Bidding Law RSMo RSMo All contracts for projects over $25,000, entered into by any officer or agency of this state All contracts for projects over $25,000, entered into by any officer or agency of this state “shall be let to the lowest, responsive, responsible bidder or bidders” “shall be let to the lowest, responsive, responsible bidder or bidders”

What Are They Bidding On?

Plans and Specifications

Quality Public Buildings

Professional Services

QBS – Qualifications Based Selection Qualifications is the sole basis for selection Qualifications is the sole basis for selection Followed by Negotiation on “fair and reasonable” price Followed by Negotiation on “fair and reasonable” price For Scope of Services For Scope of Services

Why Not Use Price? Cost “taints” the selection process. Cost “taints” the selection process. Firms may tend to look more qualified when it is known they are also lower in price than another firm. Firms may tend to look more qualified when it is known they are also lower in price than another firm. Keeping price out of the selection process eliminates potential for a distorted view of qualifications. Keeping price out of the selection process eliminates potential for a distorted view of qualifications.

The Brooks Act 40 U.S.C.A. § §

Brooks Act Requires QBS for Federal procurement of A/E design services. Requires QBS for Federal procurement of A/E design services. Rep. Jack Brooks (D-TX) introduced the Architect-Engineer Selection Act (1972). Rep. Jack Brooks (D-TX) introduced the Architect-Engineer Selection Act (1972). Later expanded to include surveying and mapping. Later expanded to include surveying and mapping. Model for procurement acts in States (“mini- Brooks Acts”) + the ABA Model Procurement Code. Model for procurement acts in States (“mini- Brooks Acts”) + the ABA Model Procurement Code.

Purpose “The system favors selection of the most skilled and responsible members of these professions” “The system favors selection of the most skilled and responsible members of these professions” “This system protects the interests of the taxpayers. Having won the competition on the basis of capability, the winning A/E [architect/engineer] must then negotiate his fee.” “This system protects the interests of the taxpayers. Having won the competition on the basis of capability, the winning A/E [architect/engineer] must then negotiate his fee.” (1972 U.S.Code Cong. and Admin. News, p. 4774) (1972 U.S.Code Cong. and Admin. News, p. 4774)

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

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

48 States With QBS Laws Alaska Hawaii

2 States Without QBS LawsVT SD

Missouri’s Mini-Brooks Act

Enacted in 1983 Enacted in 1983 RSMo to RSMo to Applies to: Applies to: –State of Missouri –Political subdivisions of the State –Their agencies

Missouri’s Mini-Brooks Act Covers Covers 1) Architectural services 1) Architectural services 2) Engineering services 2) Engineering services 3) Land Surveying services 3) Land Surveying services Construction Management covered under RSMo to Construction Management covered under RSMo to 8.687

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

Qualifications Statements Each agency “shall encourage firms to annually submit a Each agency “shall encourage firms to annually submit a statement of qualifications statement of qualifications and performance data and performance data to the agency” to the agency”

Qualifications Statements When a project is proposed the agency is to evaluate When a project is proposed the agency is to evaluate 1) current statements of 1) current statements of qualifications and performance qualifications and performance data of firms on file; and data of firms on file; and 2) those that may be submitted by other firms regarding the proposed project. 2) those that may be submitted by other firms regarding the proposed project.

Not Just A Beauty Contest

Four Evaluation Criteria The agency “shall use” this criteria: The agency “shall use” this criteria: (1) The specialized experience (1) The specialized experience and technical competence of and technical competence of the firm with respect to the type the firm with respect to the type of services required; of services required; (2) The capacity and capability of the firm to perform the work in question, including specialized services, within the time limitations fixed for the completion of the project; (2) The capacity and capability of the firm to perform the work in question, including specialized services, within the time limitations fixed for the completion of the project;

Four Evaluation Criteria The agency “shall use” this criteria: The agency “shall use” this criteria: (3) The past record of performance of the firm with respect to such (3) The past record of performance of 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 proximity to and familiarity with the area in which the project is located. (4) The firm's proximity to and familiarity with the area in which the project is located.

Short List The agency shall list 1. The agency shall list three highly qualified firms three highly qualified firms Then select the firm considered best qualified and capable of performing the desired work Then select the firm considered best qualified and capable of performing the desired work... and negotiate a contract... and negotiate a contract for the project with the firm for the project with the firm selected selected

Negotiations For a basis for negotiations the agency shall prepare a written description of the scope of the proposed services. 2. For a basis for negotiations the agency shall prepare a written description of the scope of the proposed services.

School Board

Successful Negotiation

Failed 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 terminated. with that firm shall be terminated. The agency shall then undertake negotiations with another of the qualified firms selected. The agency shall then undertake negotiations with another of the qualified firms selected. If there is a failing with the second firm, negotiations with such firm shall be terminated. Then undertake negotiations with the third qualified firm. If there is a failing with the second firm, negotiations with such firm shall be terminated. Then undertake negotiations with the third qualified firm.

Start Over 4. If the agency is unable to negotiate a contract with any of the selected firms, the agency shall: 4. If the agency is unable to negotiate a contract with any of the selected firms, the agency shall: Reevaluate the necessary services, Reevaluate the necessary services, including the scope and including the scope and reasonable fee requirements reasonable fee requirements Again compile a list of qualified firms and proceed in accordance with the provisions of sections to Again compile a list of qualified firms and proceed in accordance with the provisions of sections to

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

Effective Aug. 28 th 2007 “Opts Out” Changed Effective Aug. 28 th 2007, SB 322 requires any political subdivision that “opts out” of the law must nonetheless adopt, “a qualification- based selection procedure commensurate with state policy”. Effective Aug. 28 th 2007, SB 322 requires any political subdivision that “opts out” of the law must nonetheless adopt, “a qualification- based selection procedure commensurate with state policy”. This change in the law reaffirms the need to follow the QBS process for all political sub- division projects. This change in the law reaffirms the need to follow the QBS process for all political sub- division projects.

Exceptions RSMo MoDOT Design-Build RSMo MoDOT Design-Build Permits Two-Phase Selection Permits Two-Phase Selection Qualifications + Price Qualifications + Price “The provisions of sections to 8.291, RSMo, shall not apply to the procurement of architectural, engineering or land surveying services for the design-build highway project.”

Exceptions RSMo to RSMo to Construction Management Construction Management Qualifications + Price Qualifications + Price Allows consideration of “fees for overhead and profit” along with long list of qualifications Allows consideration of “fees for overhead and profit” along with long list of qualifications.

How to Work with Your 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: Project Administration and Management Services Evaluation and Planning Services Design Services Bidding and Negotiation Services Contract Administration Services Facility Administration Services Visit for specificswww.aia.org

1. 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. 2. EVALUATION AND PLANNING SERVICES:   Programming   Functional Relationships / Flow Diagrams   Existing Facilities Assessment Surveys   Marketing Studies   Site Analysis & Selection

2. 2. EVALUATION AND PLANNING SERVICES: continued   Environmental Studies and Reports (By Others)   Zoning Process Assistance   Facility and District-wide Master Planning

3. 3. DESIGN SERVICES:   Architectural   Structural   Mechanical   Electrical   Civil   Landscape   Interior Design   Special Design   Materials Research and Specifications

4. 4. BIDDING AND EVALUATION SERVICES:   Bidding of Construction Documents   Addenda / Responding to Bidder Inquiries   Analysis of Alternates / Substitutions   Bid Evaluation   Recommend Contract Award

5. 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. 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. i. Per Cent of Construction Cost ii. ii. Lump Sum   Typical Reimbursable Expenses: i. i. Printing ii. ii. Travel iii. iii. Communications (Faxes, Long-distance Telephone Calls)   Services usually not included under Architect’s Umbrella: i. i. Site Surveys ii. ii. Geotechnical Services iii. iii. Material Testing during Construction iv. iv. 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 Team ii. 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

TRUSTED ADVISOR

Questions?