Transcript Hiring Architects and Engineers in Missouri

Missouri Association of Rural Education
PART 1
Selecting
Hiring Architects
Contractors
and
Engineers
and Architects
in Missouri
Dwight Dickinson, AIA
Selecting Contractors and
Architects
 Difference
Between:
 Professional
Services
 Construction
Labor and
Material
Contractor-Based Competitive Bidding
 “Price-Based”
Selection
 Bonded
 Lowest Bid
Competitive Bidding Law
RSMo. 8.250.
 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”

What Are They Bidding On?
Plans and Specifications
Quality Public Buildings
Professional Services
Professional Services
Professional Services
QBS – Qualifications Based
Selection
Qualifications is the sole basis for
selection
 Followed by Negotiation on “fair and
reasonable” price
 For Scope of Services

Why Not Use Price?
 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.
 Keeping price out of the selection
process eliminates potential for a
distorted view of qualifications.
The Brooks Act
40 U.S.C.A. § § 541-544
Brooks Act
Requires QBS for Federal procurement of
A/E design services.
 Rep. Jack Brooks (D-TX) introduced the
Architect-Engineer Selection Act (1972).
 Later expanded to include surveying and
mapping.
 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”
 “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)
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.”
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.”
48 States With QBS Laws
Alaska
Hawaii
2 States Without QBS Laws
VT
SD
Missouri’s Mini-Brooks Act
Missouri’s Mini-Brooks Act
Enacted in 1983
 RSMo. 8.285 to 8.291
 Applies to:
– State of Missouri
– Political subdivisions of the State
– Their agencies

Missouri’s Mini-Brooks Act
Covers
 1) Architectural services
 2) Engineering services
 3) Land Surveying services


Construction Management covered under
RSMo. 8.675 to 8.687
Missouri Policy

“8.285. 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

8.289. Each agency “shall encourage firms
to annually submit a statement of
qualifications and performance data to the
agency”
As a political subdivision, a public
school district would issue a
“REQUEST FOR QUALIFICATIONS”
Qualifications Statements
8.289. When a project is proposed the
agency is to evaluate
 1) current statements of qualifications
and performance data of firms on file; and
 2) those that may be submitted by
other firms regarding the proposed
project.

Not Just A Beauty Contest
Four Evaluation Criteria
8.289. The agency “shall use” this criteria:
 (1) The specialized experience and
technical competence of the firm with
respect to the type 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;

Four Evaluation Criteria
8.289. The agency “shall use” this criteria:
 (3) The past record of performance of
the firm with respect to such factors as
control of costs, quality of work, and
ability to meet schedules;
 (4) The firm's proximity to and
familiarity with the area in which the
project is located.

Short List
8.291.
 1. The agency shall list three highly
qualified firms.
 Then select the firm considered best

qualified and capable of performing
the desired work
 . . . and negotiate a contract for the
project with the firm selected.
Negotiations
8.291.
 2. For a basis for negotiations the agency
shall prepare a written description of the
scope of the proposed services.

Successful Negotiation
Failed Negotiations
3. If the agency is unable to negotiate a
satisfactory contract with the firm
selected, negotiations with that firm shall
be terminated.
 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.

Start Over
4. If the agency is unable to negotiate a
contract with any of the selected firms,
the agency shall:
 Reevaluate the necessary services,
including the scope and reasonable fee
requirements
 Again compile a list of qualified firms
and proceed in accordance with the
provisions of sections 8.285 to 8.291.

Opt Out Provision

5. The provisions of sections 8.285 to
8.291 shall not apply to any political
subdivision which adopts a “formal
procedure” for the procurement of
architectural, engineering and land
surveying services.
Attorney General Opinion
Mo. Opinion No. 153-91
 It is the opinion of this office that the
proposed price or cost of services is not to
be considered in determining pursuant to
Section 8.289, RSMo 1986, which
architectural or engineering firms are the
most highly qualified, but proposed price
or cost is considered at the time of
negotiation of the contract pursuant to
Section 8.291, RSMo 1986.

Exceptions
RSMo. 227.107. MoDOT Design-Build
 Permits Two-Phase Selection
 Qualifications + Price


“The provisions of sections 8.285 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. 8.675 to 8.687.
 Construction Management
 Qualifications + Price


8.681. Allows consideration of “fees for
overhead and profit” along with long list of
qualifications.
Missouri Association of Rural Education
PART 2
Hiring
How to
Architects
Work with
and
Engineers
Your Architect
in Missouri
Dwight Dickinson, AIA
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 (Post Construction)
PROJECT MANAGEMENT AND
ADMINISTRATION SERVICES:

Project Administration

Coordination of Disciplines / Document Checking

Agency Consulting / Review Approval

Schedule Development / Monitoring of Work

Evaluation of Budget / Preliminary Estimate
EVALUATION AND PLANNING SERVICES:

Programming

Functional Relationships / Flow Diagrams

Existing Facilities Surveys

Site Analysis & Selection including utilities studies

Zoning Process Assistance

MASTER PLANNING
DESIGN SERVICES:

Architectural Design

Structural Design

Mechanical Design

Electrical Design

Civil Design

Landscape Design

Interior Design

Special Design (Such as Food Service, Acoustics, Roofing, etc.)

Materials Research and Specifications
BIDDING AND NEGOTIATION SERVICES:

Bidding of Construction Documents

Addenda / Responding to Bidder Inquiries

Bidding / Negotiations

Analysis of Alternates / Substitutions

Bid Evaluation

Contract Award
CONTRACT ADMINISTRATION SERVICES:

Submittal Review and Rejection of Defective Work

On-site Visits

Testing and Inspection Administration

Quotation Requests / Change Orders

Furniture and Equipment Installation Administration

Interpretations and Decisions

Project Close-out
FACILITY ADMINISTRATION SERVICES
(Post Construction):

Maintenance and Operational Programming

Start-up Assistance

Record Drawings

Warranty Review

Post Occupancy Evaluation
SCOPE OF WORK ISSUES:

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.
ii.

Typical Reimbursable Expenses:
i.
ii.
iii.

Per Cent of Construction Cost
Lump Sum
Printing
Travel
Communications (Faxes, Long-distance Telephone Calls)
Possible Services usually not included under Architect’s
Umbrella:
i.
ii.
iii.
iv.
Site Surveys
Geotechnical Services
Material Testing during Construction
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 SUCCESFUL DISTRICTARCHITECT 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.
ii.
Architect is Leader of the Design Team
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 ADVISOR
Questions?