ORDER NO. 277'30 APPROVE SELECTION OF CONSULTING RRCHITECT FOR HCYEC RENOVATION On this the 15th day of October-, 2002, upon motion made by Commissioner Williams, seconded by Commissioner Let z, the Co~ar't approved by a vote of 2-1-0, with Commissioner Paldwin opposing, to engage the firm of DRG, Nr•. Wayne Gondeck, to act as the consulting architect to the Commissioners Court for the initial phase of the design-b~_iild expansion/renovation of the Fiill L"o~antry Youth Exhibition Center. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: Fred He OFFICE: MEETING DATE: ctober 15 , 2002 SUBJECT: (PLEASE BE SPECIFIC) TIME PREFERRED: Consider and discuss selection of Consulting Architect for HCYEC Renovation/expansion project per Section 271.119(b) of the Local Government Code. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: County Judge County Judge Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towazds you request being addressed at the eazliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. 5:00 P.M. previous Tuesday. Page 1 of 1 Fred Henneke From: "Fred Henneke" To: "buster Baldwin" ; "bill Williams" ; "Jonathan letz" ; "tarry griffin" Sent: Friday, October 04, 2002 11:20 AM Subject: Bond Election Gentlemen -the statute that allows couties to use the design-build method of construction, etc., also requiress a county to "select or designate an engineer of architect independent of the design/build fine to act as its representative for the duration of the facility' ;Section 271.119(b), Local Govenment Code. This person will be instrumental in assisting the Court in the process, including preparing the Request for Proposals for the Design/Build Team and evaluating those proposals. I will put the selection of this person on the Agenda for October 15th and intend to recommend Wayne Gondeck of DRG Architects of San Antonio. Wayne is the architect on the Juvenile Detention Facility project and I have been very impressed with his work and professionalism, as have Judge Ables and Judge Prohl. Wayne will submit a Statement of Qaulification for that meeting. If you know anyone else that we should consider, please contact them and see if they will also submit their qualifications. Since this is professional services, we do not have to do competitive bids for this service. 10/7/02 Local Government -CHAPTER 271 Page 1 of 3 § 271.119. Design-Build Contracts for Facilities (a) A governmental entity may use the design-build method for the construction, rehabilitation, alteration, or repair of a facility- In using that method and in entering into a contract for the services of a design-build firm, the contracting governmental entity and the design-build firm shall follow the procedures provided by this section- (b) The governmental entity shall select or designate an engineer or architect independent of the design-build firm to act as its representative for the duration of the work on the facility- If the governmental entity's engineer or architect is not a full-time employee of the governmental entity, the governmental entity shall select the engineer or architect on the basis of demonstrated competence and qualifications as provided by Section 2254.004, Government Code- (c) The governmental entity shall prepare a request far qualifications that includes general information on the project site, project scope, budget, special systems, selection criteria, and other information that may assist potential design-build firms in submitting proposals for the project- The governmental entity shall also prepare a design criteria package that includes more detailed information on the project- If the preparation of the design criteria package requires engineering or architectural services that constitute the practice of engineering within the meaning of The Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil Statutes) or the practice of architecture within the meaning of Chapter 478, Acts of the 45th Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas Civil Statutes), those services shall be provided in accordance with the applicable law- (d) The governmental entity shall evaluate statements of qualifications and select a design-build firm in two phases: (1) In phase one, the governmental entity shall prepare a request for qualifications and evaluate each offeror's experience, technical competence, and capability to perform, the past performance of the offeror's team and members of the team, and other appropriate factors submitted by the team or firm in response to the request for qualifications, except that cost-related or price-related evaluation factors are not permitted. Each offeror must certify to the governmental entity that each engineer or architect that is a member of its team was selected based on demonstrated competence and qualifications in the manner provided by Section 2254.004, Government Code- The governmental entity shall qualify a maximum of five offerors to submit additional information and, if the governmental entity chooses, to interview for final selection- (2) In phase two, the governmental entity shall evaluate the information submitted by the offerors on the basis of the selection criteria stated in the request for qualifications and the results of an interview- The governmental entity may request additional http://www.capitol.state.tx.us/statutes/Ig/Ig0027100.html 10/7/02 Local Government -CHAPTER 271 Page 2 of 3 information regarding demonstrated competence and qualifications, considerations of the safety and long-term durability of the project, the feasibility of implementing the project as proposed, the ability of the offeror to meet schedules, costing methodology, or other factors as appropriate- The governmental entity may not require offerors to submit detailed engineering or architectural designs as part of the proposal- The governmental entity shall rank each proposal submitted on the basis of the criteria set forth in the request for qualifications. The governmental entity shall select the design-build firm that submits the proposal offering the best value for the governmental entity on the basis of the published selection criteria and on its ranking evaluations- The governmental entity shall first attempt to negotiate a contract with the selected offeror. If the governmental entity is unable to negotiate a satisfactory contract with the selected offeror, the governmental entity shall, formally and in writing, end negotiations with that offeror and proceed to negotiate with the next offeror in the order of the selection ranking until a contract is reached or negotiations with all ranked offerors end. (e) Following selection of a design-build firm under Subsection (d), that firm's engineers or architects shall complete the design, submitting all design elements for review and determination of scope compliance to the governmental entity or the governmental entity's engineer or architect before or concurrently with construction- (f) An engineer shall have responsibility for compliance with the engineering design requirements and all other applicable requirements of The Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil Statutes)- An architect shall have responsibility for compliance with the requirements of Chapter 478, Acts of the 45th Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas Civil Statutes)- (g) The governmental entity shall provide or contract for, independently of the design-build firm, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for acceptance of the facility by the governmental entity- The governmental entity shall select those services for which it contracts in accordance with Section 2254.004, Government Code• (h) The design-build firm shall supply a signed and sealed set of construction documents for the project to the governmental entity at the conclusion of construction- (i) A payment or performance bond is not required for, and may not provide coverage for, the portion of a design-build contract under this section that includes design services only. If a fixed contract amount or guaranteed maximum price has not been determined at the time a design-build contract is awarded, the penal sums of the performance and payment bonds delivered to the governmental entity must each be in an amount equal to the project budget, as specified in the design criteria package- The design-build firm shall deliver http://www.capitol.state.tx.us/statutes/lg/Ig0027100.htm1 10/7/02 Local Government -CHAPTER 271 Page 3 of 3 the bonds not later than the 10th day after the date the design-build firm executes the contract unless the design-build firm furnishes a bid bond or other financial security acceptable to the governmental entity to ensure that the design-build firm will furnish the required performance and payment bonds when a guaranteed maximum price is established• Added by Acts 2001, 77th Leg-, ch• 1409, § 5, eff Sept• 1, 2001- http://www.capitolstate.tx.us/statutes/1g/1g0027100.htm1 10/7/02