(A) Justification for alternate project delivery methods. The City Manager or any department head proposing to utilize this section of the purchasing policy must detail in the project file why utilizing this section of the purchasing policy is in the best interests of the city. The terms used herein and not otherwise defined shall generally have the same meaning as for those terms defined in the State's Procurement Code, which is found at S.C. Code §§ 11-35-2910 et seq., as amended, but where the terms have been changed, those terms have been intentionally adapted for use by the city. The policy of the state in promoting alternate forms of project delivery, as set forth in Act No. 174 of 2008, is acknowledged as authority for implementing these specialized procurement methods.
(B) Procurement methods.
(1) Design-build is a project delivery method in which the city enters into a single contract for design and construction of an infrastructure facility. Procurement of design-build services is appropriate when the city does not have the in-house capability to design and supervise the project, and when compliance with technical regulations and best practices for construction is critical. With the assistance of experts, the city may develop performance specifications for the desired infrastructure which can then be used to develop design requirements for submission to design-build firms for development. Errors and omissions insurance is required to cover the architectural and engineering services provided by the offeror.
(2) Design-bid-build is a project delivery method in which the city sequentially awards separate contracts, the first for architectural and engineering services to design the project and the second, based on competitive bidding by city, for construction of the project according to the final design. This is the traditional method of designing and constructing facilities. The procurement of construction management services for such a project would make this method a specialized method of procurement.
(3) Operation and maintenance is a project delivery method whereby the city enters into a single contract for the routine operation, routine repair, and routine maintenance of an existing, or to-be-constructed, infrastructure facility. Operation and maintenance services shall be procured from prequalified contractors by utilizing competitive sealed proposals submitted in response to a request for proposals, which has established the supplies and services required to maintain and operate infrastructure facilities. The contracts for city facilities funded by the issuance of tax-exempt financing are subject to approval by bond counsel or tax counsel in the form of a written opinion to the city.
(4) Design-build-operate-maintain is a project delivery method in which the city enters into a single contract for design, construction, operation and maintenance of an infrastructure facility over a contractually defined period. Ownership of the facility may be in the name of the city or leased by the city from a non-profit corporation. All or a portion of the funds required to pay for the services provided by the contractor during the contract period are either appropriated by the city prior to award of the contract or secured by the city through fee or user charges or other sources of revenue. The city should not participate in financing any such project without an opinion from bond counsel or tax counsel. Errors and omissions insurance is required to cover the architectural and engineering services provided by the offeror.
(5) Design-build-finance-operate-maintain is a project delivery method in which the city enters into a single contract for design, construction, finance, maintenance, and operation of an infrastructure facility over a contractually defined period. No funds are appropriated to pay for any part of the services provided by the contractor during the contract period. Procurement of design-build- finance-operate-maintain services shall generally follow procedures outlined above for design-build projects with the additional elements of financing and operation incorporated into the project. A preliminary determination by the city should have been made that project revenues would be sufficient, over the length of the proposed contract, to cover design, construction, finance, and operations, and that the traditional design-bid-build approach is inappropriate or impracticable for this project. City should not participate in financing any such project without an opinion from bond counsel or tax counsel. Errors and omissions insurance is required to cover the architectural and engineering services provided by the offeror.
(6) Construction management services is a project delivery process by which a qualified third party provides construction leadership with a defined scope throughout various phases of the project (e.g. planning, design and construction). Construction management services are typically procured using competitive sealed bidding or competitive sealed proposals. Errors and omissions insurance may be required to cover any architectural and engineering services provided by the offeror.
(7) Other special project delivery methods or combinations of the above may be utilized provided that the city can demonstrate that the delivery methods meets the intent of this purchasing policy and receives the approval of the City Manager and/or City Council. Insurance of various types may be required as additional security for the city for the particular method of project delivery.
(C) Evaluation factors. Any request shall state all evaluation factors and sub-factors that will be separately rated and the weights to be given to each factor and sub-factor in the evaluation. Evaluation factors may consist of the following:
(1) Demonstrated compliance with design requirements;
(2) Qualifications and experience;
(3) Financial capacity;
(4) Project schedule;
(5) Price (or life-cycle price for Design-Build-Operate- Maintain and Design-Build-Finance-Operate-Maintain procurements); and
(6) Other evaluation factors.
(D) Independent design peer review. Any request may require each offeror to identify independent peer reviewer services whose competence and qualification to provide such services shall be an additional evaluation factor in the award of the contract. The city reserves the right to choose its provider of independent peer reviewer services.
(Ord. 12-028, passed 1-22-13)