Hiring Architects and Engineers in Missouri

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Hiring Architects and Engineers in Missouri
Missouri Association of Rural Education
PART 1
Selecting Contractors and Architects

• Dwight Dickinson, AIA

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Selecting Contractors and Architects

• Difference Between
• Professional Services
• Construction Labor and Material

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Contractor-Based Competitive Bidding

• Price-Based Selection
• Bonded
• Lowest Bid

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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

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What Are They Bidding On?
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Plans and Specifications
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Quality Public Buildings
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Professional Services
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Professional Services
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Professional Services
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QBS Qualifications Based Selection

• Qualifications is the sole basis for selection
• Followed by Negotiation on fair and reasonable
  price
• For Scope of Services

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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.

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The Brooks Act 40 U.S.C.A.   541-544
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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.

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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)

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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.

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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.

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48 States With QBS Laws
Alaska Hawaii
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2 States Without QBS Laws
VT
SD
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Missouris Mini-Brooks Act
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Missouris Mini-Brooks Act

• Enacted in 1983
• RSMo. 8.285 to 8.291
• Applies to
• State of Missouri
• Political subdivisions of the State
• Their agencies

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Missouris Mini-Brooks Act

• Covers
• 1) Architectural services
• 2) Engineering services
• 3) Land Surveying services
• Construction Management covered under RSMo. 8.675
  to 8.687

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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.

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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

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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.

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Not Just A Beauty Contest
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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

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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.

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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.

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Negotiations

• 8.291.
• 2. For a basis for negotiations the agency shall
  prepare a written description of the scope of the
  proposed services.

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School Board
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Successful Negotiation
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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.

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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.

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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.

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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.

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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.

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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.

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Hiring Architects and Engineers in Missouri
Missouri Association of Rural Education
PART 2
How to Work withYour Architect

• Dwight Dickinson, AIA

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Architects are Trained to Solve Problems!
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• 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)

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• 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

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• EVALUATION AND PLANNING SERVICES
• Programming
• Functional Relationships / Flow Diagrams
• Existing Facilities Surveys
• Site Analysis Selection including utilities
  studies
• Zoning Process Assistance
• MASTER PLANNING

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• 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

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• BIDDING AND NEGOTIATION SERVICES
• Bidding of Construction Documents
• Addenda / Responding to Bidder Inquiries
• Bidding / Negotiations
• Analysis of Alternates / Substitutions
• Bid Evaluation
• Contract Award

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• 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

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• FACILITY ADMINISTRATION SERVICES (Post
  Construction)
• Maintenance and Operational Programming
• Start-up Assistance
• Record Drawings
• Warranty Review
• Post Occupancy Evaluation

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• SCOPE OF WORK ISSUES
• Clear Understanding of Scope of Work Required
• Budget and Schedule are Key Factors
• Enter into a Legally Binding Contract

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• CONTRACT
• AIA Document B141 Part of Family of
  Documents
• B141 can be modified to suit a particular
  project
• Establish Fee Structure

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• FEE STRUCTURE
• Typical Fee Structure
• Per Cent of Construction Cost
• Lump Sum
• Typical Reimbursable Expenses
• Printing
• Travel
• Communications (Faxes, Long-distance Telephone
  Calls)
• Possible Services usually not included under
  Architects Umbrella
• Site Surveys
• Geotechnical Services
• Material Testing during Construction
• Hazardous Materials Assessment and Removal

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• 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

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• KEY POINTS TO A SUCCESFUL 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
• Architect is Leader of the Design Team
• Architect must remember that the District is the
  Leader of the ENTIRE TEAM

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The Goal of every Architect is to be Your TRUSTED
ADVISOR
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The Goal of every Architect is to be Your
TRUSTED ADVISOR
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Questions?