DESIGN-BUILD SCHOOL CONSTRUCTION ALTERNATIVE
The Board shall utilize this policy to evaluate, select and contract with a design-build firm for the delivery of design and construction services.
1. Design‑build contract means a contract which is subject to qualification‑based selection between a school district and a design‑builder to furnish (a) architectural, engineering, and related design services for a project under this policy and (b) labor, materials, supplies, equipment, and construction services for a project under this policy;
2. Design‑builder means the legal entity which proposes to enter into a design‑build contract which is subject to qualification‑based selection under this policy;
3. Letter of interest means a statement indicating interest to enter into a design‑build contract for a project under this policy;
4. Performance‑criteria developer means any person licensed or any organization issued a certificate of authorization to practice architecture or engineering pursuant to the Engineers and Architects Regulation Act who is selected by a school district to assist the school district in the development of project performance criteria, requests for proposals, evaluation of proposals, evaluation of the construction under a design‑build contract to determine adherence to the performance criteria, and any additional services requested by the school district to represent its interests in relation to a project;
5. Project performance criteria means the performance requirements of the project suitable to allow the design‑builder to make a proposal. Performance requirements include the following, if required by the project: Capacity, durability, standards, ingress and egress requirements, description of the site, surveys, soil and environmental information concerning the site, interior space requirements, material quality standards, design and construction schedules, site development requirements, provisions for utilities, storm water retention and disposal, parking requirements, applicable governmental code requirements, and other criteria for the intended use of the project;
6. Proposal means an offer in response to a request for proposals by a design‑builder to enter into a design‑build contract for a project pursuant under this policy;
7. Qualification‑based selection process means a process of selecting a design‑builder based first on the qualifications of the design‑builder and then on the design‑builder's proposed approach to the design and construction of the project;
8. Request for letters of interest means the documentation or publication by which the school district solicits letters of interest;
9. Request for proposals means the documentation by which the school district solicits proposals.
The board directs the superintendent to promulgate regulations detailing the following procedures:
1. Procedures for selecting and hiring on its behalf a performance‑criteria developer when soliciting and executing a design‑build contract. The procedures shall be consistent with the Nebraska Consultants' Competitive Negotiation Act and shall provide that the performance‑criteria developer is ineligible to be included as a provider of any services in a proposal for the project on which it has acted as performance‑criteria developer and is not employed by or does not have a financial or other interest in a design‑builder or construction manager who will submit a proposal;
2. Procedures and standards to be used to prequalify design‑builders. The procedures and standards shall provide that the school district will evaluate prospective design‑builders based on the information submitted to the school district in response to a request for letters of interest and will select design‑builders who are prequalified and consequently eligible to respond to the request for proposals;
3. Procedures for the preparation and content of requests for proposals;
4. Procedures for preparing and submitting proposals;
5. Procedures for evaluating proposals;
6. Procedures for negotiations between the school district and the design‑builders submitting proposals prior to the acceptance of a proposal if any such negotiations are contemplated;
7. Procedures for filing and acting on formal protests relating to the solicitation or execution of design‑build contracts; and
8. Procedures for the evaluation of construction under a design‑build contract by the performance‑criteria developer to determine adherence to the performance criteria.
Letters of Interest
The school district shall prepare a request for letters of interest for design‑build proposals and shall prequalify design‑builders in accordance with this policy. The request for letters of interest shall describe the project in sufficient detail to permit a design‑builder to submit a letter of interest.
The request for letters of interest shall be (a) published in a newspaper of general circulation within the school district at least thirty days prior to the deadline for receiving letters of interest and (b) sent by first‑class mail to any design‑builder upon request.
Letters of interest shall be reviewed by the school district in consultation with the performance‑criteria developer. The school district shall select prospective design‑builders in accordance with the procedures of this policy. The school district shall select at least three prospective design‑builders except that if only two design‑builders have submitted letters of interest, the school district shall select at least two prospective design‑builders. The selected design‑builders shall then be considered prequalified and eligible to receive requests for proposals.
Requests for Proposals
The school district shall prepare a request for proposals for each design‑build contract. Notice of the request for proposals shall be published in a newspaper of general circulation within the school district and filed with the State Department of Education at least thirty days prior to the deadline for receiving and opening proposals.
The request for proposals shall be sent only to the design‑builders selected under the prequalification procedures of this policy.
The request for proposals shall contain, at a minimum, the following elements:
1. The identity of the school district for which the project will be built and the school district that will execute the design‑build contract;
2. Policies adopted by the school district governing the design-build process;
3. The proposed terms and conditions of the design-build contract, including any terms and conditions which are subject to further negotiation. The proposed terms and conditions may set forth an initial determination of the manner by which the design-builder selects any subcontractor and may require that any work subcontracted be awarded by competitive bidding. The proposed general terms and conditions shall be consistent with the standard model general terms and conditions issued by one of the following:
a) The American Institute of Architects (AIA);
b) The Engineer's Joint Contract Documents Committee (EJCOC);
c) The Association of General Contractors of America (AGC); or
d) The Design-Build Institute of America (DBIA).
4. A project statement which contains information about the scope and nature of the project;
5. Project performance criteria
6. Budget parameters for the project;
7. Any bonds and insurance required by law or as may be additionally required by the school district;
8. The criteria for evaluation of proposals and the relative weight of each criterion;
9. A requirement that the design‑builder provide a written statement of the design‑builder's proposed approach to the design and construction of the project, which may include graphic materials illustrating the proposed approach to design and construction but shall not include price proposals;
10. A requirement that the design‑builder agree to the following conditions:
(a) An architect or engineer licensed to practice in Nebraska will participate substantially in those aspects of the offering which involve architectural or engineering services;
(b) At the time of the design‑build offering, the design‑builder will furnish to the school board a written statement identifying the architect or engineer who will perform the architectural or engineering work for the design‑build project;
(c) The architect or engineer engaged by the design‑builder to perform the architectural or engineering work with respect to the design‑build project will have direct supervision of such work and may not be removed by the design‑builder prior to the completion of the project without the written consent of the school board;
(d) A design‑builder offering design‑build services with its own employees who are design professionals licensed to practice in Nebraska will (i) comply with the Engineers and Architects Regulation Act by procuring a certificate of authorization to practice architecture or engineering and (ii) submit proof of sufficient professional liability insurance; and
(e) The rendering of architectural or engineering services by a licensed architect or engineer employed by the design‑builder will conform to the Engineers and Architects Regulation Act and the Nebraska Schools Construction Alternatives Act; and
11. Other information which the school district chooses to require.
Receiving and Evaluating Proposals
Design‑builders shall submit proposals as required by the request for proposals. The school district may only proceed to negotiate and enter into a design‑build contract if there are at least two proposals from prequalified design‑builders.
Proposals shall be sealed and shall not be opened until expiration of the time established for making proposals as set forth in the request for proposals.
Proposals may be withdrawn at any time prior to acceptance. The school district shall have the right to reject any and all proposals except for the purpose of evading the provisions and policies of the Nebraska Schools Construction Alternatives Act. The school district may then solicit new proposals using the same or different project performance criteria.
The school district shall rank in order of preference the design‑builders pursuant to the criteria in the request for proposals and taking into consideration the recommendation of the selection committee.
The school district may attempt to negotiate a design‑build contract with the highest ranked design‑builder selected by the school district and may enter into a design‑build contract after negotiations. The negotiations shall include a final determination of the manner by which the design‑builder selects a subcontractor. If the school district is unable to negotiate a satisfactory design‑build contract with the highest ranked design‑builder, the school district may terminate negotiations with that design‑builder.
The school district may then undertake negotiations with the second highest ranked design‑builder and may enter into a design‑build contract after negotiations. If the school district is unable to negotiate a satisfactory contract with the second highest ranked design‑builder, the school district may undertake negotiations with the third highest ranked design‑builder, if any, and may enter into a design‑build contract after negotiations.
The school district shall file a copy of all design‑build contract documents with the State Department of Education within thirty days after their full execution. Within thirty days after completion of the project, the design‑builder shall file a copy of all contract modifications and change orders with the department.
If the school district is unable to negotiate a satisfactory contract with any of the ranked design‑builders, the school district may either revise the request for proposals and solicit new proposals or cancel the design‑build process.
The design‑build contract may be conditioned upon later refinements in scope and price and may permit the school district in agreement with the design‑builder to make changes in the project without invalidating the contract. Later refinements shall not exceed the scope of the project statement contained in the request for proposals.
The design‑build contract shall not be used for a construction project with locations on parcels of land which are not contiguous except for specialty maintenance projects. A specialty maintenance project is a construction project for the maintenance of an existing facility with a specialty contractor, such as an electrical contractor or plumbing contractor. Parcels are considered contiguous if they would be contiguous but for the
existence of a public road.
Legal Reference: Neb. Statute 79-2001 to 2015
81-1701 et seq.
Cross Reference: 1006.01 Community Use of School District Buildings, Sites and Equipment
Policy COLUMBUS PUBLIC SCHOOLS
Adopted: 6/11/07 Columbus, Nebraska