Transcript Hiring Architects and Engineers in Missouri

Missouri Association of Rural Education
Selecting Architects and
Engineers in Missouri
Dwight Dickinson, AIA
PART I
Selecting Contractors and
Architects
Selecting Contractors and
Architects

Difference
Between:

Professional
Services

Construction Labor
and Material
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
To Produce
Quality Public Buildings
Professional Services
Professional Services
Professional Services
QBS – Qualifications Based
Selection

Qualifications is the sole basis for
selection for publicly funded projects

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).

Model for procurement acts in States
(“mini-Brooks Acts”)
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 qualifications, 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”
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. (continued)

(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.
2007 Senate Bill 322

Passed a law SB 322 reinforcing
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.
Effective Aug. 28th 2007 “Opts Out”
Changed

Effective Aug. 28th 2007, SB 322 requires any
political subdivision that “opts out” of the law
must nonetheless adopt, “a qualificationbased selection procedure commensurate
with state policy”.

This change in the law reaffirms the need to
follow the QBS process for all political subdivision projects.
Exceptions

RSMo. 227.107. MoDOT Design-Build
- Subject to Approval of Extension
by July 1, 2012
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

Construction Management
RSMo. 8.675 to 8.687.
 Qualifications + Price


8.681. Allows consideration of “fees for
overhead and profit” along with long list of
qualifications.
Exceptions

Energy Performance Contracting
RSMo. 165.011
 RSMo. 8.231.1
 RSMo. 640.651
 Qualifications + Price


8.231.1 Defines a specific limited scope of work
as listed in the statute (Energy Savings and ADA
only!)
No Exception
Present Missouri State Law does not allow the use
of the Design-Build project delivery method for
public school districts.
Missouri Association of Rural Education
Selecting Architects and
Engineers in Missouri
Dwight Dickinson, AIA
PART II
How to Work with
Your Architect
Architects are Trained to Solve
Problems!
Every commission has its
own, unique set of
problems to solve!!
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 ADMINISTRATION AND
MANAGEMENT SERVICES:

Project Administration

Coordination of Disciplines / Document Checking

Governmental Agency Consulting / Review Approval

Schedule Development / Monitoring of Work

Evaluation of Budget / Preliminary Estimate

Construction Administration
2.
EVALUATION AND PLANNING SERVICES:

Space Programming

Functional Relationships / Flow Diagrams

Existing Facilities Assessment Surveys

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 (Food Service, Technology, Roofs, etc.)

Materials Research and Specifications
4.
BIDDING AND EVALUATION SERVICES:

Bidding of Construction Documents

Addenda / Responding to Bidder Inquiries

Analysis of Alternates / Substitutions

Special Bidding

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 (Very
Seldom)

Testing and Inspection Administration (By Others)

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 B101 or 102 (2007 Edition) –
Part of “Family” of Documents

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)
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 SUCCESSFUL 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
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