19-216e.   Procedure, constructionmanagement at-risk.Construction management at-risk project delivery proceduresshall be conducted as follows:

      (a)   The board shall determine the scope and level of detail required topermit qualified construction manager or general contractors to submitconstruction management at-risk proposals in accordance with the request forproposals given the nature of the project.

      (b)   Prior to completion of the construction documents, or as early as theinitiation of the project, the construction manager or general contractor shallbe selected. The project design professional may be employed or retained by theboard to assist in the selection process.

      (c)   The county shall publish a notice of the request for qualificationsand proposals for the required project services at least 15 days prior to thecommencement of such requests in the official county newspaper and in suchother appropriate manner as may bedetermined by the county.

      (d)   The board shall solicit proposals in a three stage qualificationsbased selection process. Phase I shall be the solicitation of qualificationsand prequalifying a short list of constructionmanagers or general contractors to advance to phase II. Phase II shall be thesolicitation of a request for proposal for the project, and phase III shallinclude an interview with each proposer to present their qualifications andanswer questions.

      (1)   Phase I shall require all proposers to submit a statement ofqualifications which shall include, but not be limited to:

      (A)   Similar project experience;

      (B)   experience in this type of project delivery system;

      (C)   references from design professionals and owners from previous projects;

      (D)   description of the construction manager or general contractor's projectmanagement approach;

      (E)   financial statements; and

      (F)   bonding capacity. Firms submitting a statement of qualifications shall becapable of providing a public works bond in accordance with K.S.A. 60-1111, andamendments thereto, and shall present evidence of such bonding capacity to theboard with their statement of qualifications. If afirm fails to present such evidence, such firm shall be deemed unqualified forselection under this subsection.

      (2)   The board shall evaluate the qualificationsof all proposers in accordance with the instructions of the request forqualifications. The board shall prepare a shortlist containing a minimum of three and maximum of five qualified firms, whichhave the best and most relevant qualifications to perform the services requiredof the project, to participate in phase II of the selection process.If the board receives qualifications from less than four proposers, allproposers shall be invited to participate in phase II of the selection process.The board shall have discretion to disqualify anyproposer that, in the board's opinion, lacks theminimal qualifications required to perform the work.

      (3)   Phase II of the process shall be conducted as follows:

      (A)   Prequalified firms selected in phase I shall be given a request forproposal. The request for proposal shall require all proposers to submit a morein depth response including, but not be limited to:

      (i)   Company overview;

      (ii)   experience or references, or both, relative to the project underquestion;

      (iii)   resumes of proposed project personnel;

      (iv)   overview of preconstruction services;

      (v)   overview of construction planning;

      (vi)   proposed safety plan;

      (vii)   fees, including fees for preconstruction services, fees for generalconditions, fees for overhead and profit and fees for self-performed work, ifany.

      (4)   Phase III shall be conducted as follows:

      (A)   Once all proposals have been submitted, the board shallinterview all of the proposers.Interview presentation scores shall not account for more than 50% of the totalpossible score.

      (B)   The board shall select the firm providing the bestvalue based on the proposal criteria and weighting factors utilized toemphasize important elements of each project. All scoring criteria andweighting factors shall be identified by the board in the request for proposalinstructions to proposers. The board shall proceed to negotiatewith and attempt to enter into contract with the firm receiving the besttotal score to serve as the construction manager or general contractor for theproject.

      (C)   If the board determines, that it is not in the bestinterest of the county to proceed with the project pursuant to the proposalsoffered, the board shall reject all proposals. If all proposalsare rejected, the board may solicit new proposals using different designcriteria, budget constraints or qualifications.

      (D)   The contract to perform construction management at-risk serviceswill typically be awarded in phases; preconstruction followed by one or moreamendments for construction. The contract form will be a cost plus guaranteedmaximum price contract. All savings under the guaranteed maximum price mayreturn to the county as defined in the request for proposal.

      (E)   The board or construction manager at-risk, at the board's discretion,shall publish a construction services bid notice as may be determined by thecounty. Each construction services bid notice shall include the request forbids and other bidding information prepared by the construction manager orgeneral contractor and the county. The county may allow the constructionmanager or general contractor to self-perform construction services providedthe construction manager or general contractor submits a bid proposal under thesame conditions as all other competing firms. At the time for opening the bids,the construction manager or general contractor shall evaluate the bids andshall determine the lowest responsible bidder except in the case ofself-performedwork for which the county shall determinethe lowest responsible bidder. The construction manager or general contractorshall enter into a contract with each firm performing the construction servicesfor the project. All bids will be available for public view.

      History:   L. 2008, ch. 148, § 4; July 1.