19-216f.   Procedure; buildingdesign-build projects.Building design-build project delivery procedures shall beconducted as follows:

      (a)   The board shall determine the scope and level of detail required topermit qualified persons to submit building design-build qualifications andproposals inaccordance with the county requirements given the nature of the project.

      (b)   The board shall solicit proposals in a three-stage process. Phase I shallbe the solicitation of qualifications of the building design-build team. PhaseII shall be the solicitation of a technical proposal including conceptualdesign for the project. Phase III shall be the proposal of the constructioncost.

      (1)   The board shall review the submittals of the proposers and assign pointsto each proposal as prescribed in the instructions of the request for proposal.

      (2)   Notice of requests for qualifications shall be advertised and publishedin the official county newspaper. Notification to include a description of theproject and the procedures for submittal.

      (3)   The board shall establish in the request for qualifications a time, placeand other specific instructions for the receipt of qualifications.Qualifications not submitted in strict accordance with such instructions shallbe subject to rejection.

      (4)   A request for qualifications shall be prepared for each buildingdesign-build contract containing at minimum the procedures to be followed foreach of the three phases in the process for submitting proposals, the criteriafor evaluation of proposals and their relative weight and the procedures formaking awards.

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

      (1)   Demonstrated ability to perform projects comparable in design, scope andcomplexity.

      (2)   References of owners for whom building design-build projects have beenperformed.

      (3)   Qualifications of personnel who will manage the design and constructionaspects of the project.

      (4)   The names and qualifications of the primary design consultants andcontractors with whom the building design-builder proposes to subcontract. Thebuilding design-builder may not replace an identified subcontractor orsubconsultant without the written approval of the board.

      (5)   Firms submitting a statement of qualifications shall be capable ofproviding a public works bond in accordance with K.S.A. 60-1111, and amendmentsthereto, and shall present evidence of such bonding capability to the boardwith their statement of qualifications. If a firmfails to present such evidence, such firm shall be deemed unqualified forselection under this subsection.

      (d)   The board shall evaluate the qualificationsof all proposers in accordance with the instructions prescribed in the requestfor qualifications.A short list of qualified proposersselected by the evaluation team may proceed to phase II of the selectionprocess. Proposers lacking the necessary qualifications to perform the workshall be disqualified and shall not proceed to phase II of the process. Underno circumstances shall price or fees be considered as a part of theprequalification criteria. Points assigned in the phase I evaluation processshall not carry forward to phase II of the process. All qualified proposersshall be ranked on points given in phases II and III only. The two-phaseevaluation and scoring process shall be combined to determine the greatestvalue to the county.

      (e)   The board shall prepare a short listcontaining a minimum of three, but no more than the top five qualifiedproposers to participate in phase II of the process.If less than four proposers respond, all proposers shall be invited toparticipate in phase II of the selection process.

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

      (1)   The remaining project requirements will be provided to the short listedproposer to include the following:

      (A)   The terms and conditions for the building design-build contract.

      (B)   The design criteria package.

      (C)   A description of the drawings, specifications or other information to besubmitted with the proposal, with guidance as to the form and level ofcompleteness of the drawings, specifications or other information that will beacceptable.

      (D)   A schedule for planned commencement and completion of the buildingdesign-build contract.

      (E)   Budget limits for the building design-build contract, if any.

      (F)   Requirements, including any available ratings for performance bonds,payment bonds and insurance.

      (G)   Any other information that the county at its discretion chooses tosupply, including without limitation, surveys, soil reports, drawings ofexisting structures, environmental studies, photographs or references to publicrecords.

      (2)   Proposers shall submit their design for the project to the level ofdetail required in the request for proposal. The design proposal shoulddemonstrate compliance with the requirements set out in the request forproposal.

      (3)   The technical proposal may contain certain limited references tospecific elements of the cost.

      (4)   The technical submittals shall be evaluated and assigned points inaccordance with the requirements of the request for proposal.

      (g)   Phase III shall be conducted as follows:

      (1)   The phase III proposal shall provide a firm fixed cost of design andconstruction.The proposal shall be accompanied by bid security and any other submittals asrequired by the request for proposal.

      (2)   The proposed contract time, in calendar days, for completing a project asdesigned by a proposer may be considered as an element of evaluation in phaseIII. In the event the request for proposal shall establishthe assignment of value of contract time in the selection process.

      (3)   Phase III proposals shall be submitted in accordance with theinstructions of the request for proposal. Failure to submit a cost proposal ontime shall be cause to reject the proposal.

      (h)   Proposals for phase II and III shall be submitted concurrently atthe time and place specified in the request for proposal. The phase III costproposals shall be opened only after the phase II technical proposals have beenevaluated and assigned points.

      (i)   Phase III cost and schedule, which shall prescribe the numberof calendar days, proposals shall be opened and read aloud at the time andplace specified in the request for proposal. At the same time and place, theevaluation team shall make public its scoring of phase II. Phase III shallbe evaluated in accordance with the requirements of the request for proposal.In evaluating the proposals and determining the successful proposer, eachproposers' score shall be determinedin a quantifiable and objective manner described in the request for proposal incombination of the points earned in both phase II and phase III.

      (j)   The successful responsive proposer shall beawarded the contract. If the board determines, that it is not in the bestinterest of the county to proceed with the project pursuant to the proposaloffered by the successful proposer the board shallreject all proposals.If the determination to reject all proposals is made for the convenience of theboard, the successful and responsive proposer shall receive twice the stipendpursuant to subsection (g)(8) of this section and amendments thereto, of thisact, and all other responsive proposers shall receive an amount equal to suchstipend. If the determination is made to reject all proposals as a result ofproposals exceeding the budget published in the request for proposals orotherwise not complying with the request for proposal, the board need not remita stipend to the proposers.

      (k)   If all proposals are rejected, the board may solicitnew proposals using different design criteria, budget constraints orqualifications.

      (l)   As an inducement to qualified proposers, the board shall pay a stipend,the amount of which shall be established in the request for proposal, to eachprequalified building design-builder whose proposal is responsive but notaccepted. Upon payment of the stipend to any unsuccessful building design-buildproposer, the county shall acquire a nonexclusive right to use the designsubmitted by the proposer, and the proposer shall have no further liability forits use by the county in any manner. If the building design-build proposerdesires to retain all rights and interest in the design proposed, the proposershall forfeit the stipend.

      History:   L. 2008, ch. 148, § 5; July 1.