Design-Build Legislation - Design-Build for Water and Wastewater Projects - page 43

in concurrent and interdependent design, procurement, and construction necessitate a
strong team.
Failure to resolve these and other issues meant comprehensive legislation based on
the panel's report was likely to fail during the 2009 legislative session. In the closing days
of the legislative session, however, a compromise was reached. It allowed the Ohio Board
of Regents to move forward on three pilot projects using the DB, construction manage-
ment at risk, and design-asset delivery methods. The selected projects were the expansion
of Ohio State University's Medical Center, renovation of Toledo University's Center for
Biosphere Research and Wolfe Hall buildings, and Central State University's Emery Hall.
All three projects will be LEED™ certified (Thomas 2010b).
While these developments were seen by some as a step in the right direction, for
many it was too little too late. The new administration and legislative majority felt they
could not afford half measures and the legislation signed into law reflects that. The suc-
cessful legislative effort now allows any level of government to use DB on any type of
project. After 134 years of relatively no changes in its public construction laws, Ohio has
gone from having some of the most antiquated project delivery laws to now having some
of the most progressive laws.
Design-Build in the State of Florida
Florida has one of the broadest and most progressive DB laws in the nation. Since the
1990s, DB has been used in every construction sector and has enjoyed particular success
in the areas of water treatment, wastewater treatment, and desalination. In addition, the
state is one of only six that permits the use of qualifications-based selection (QBS; see
chapter 7) on DB projects at both the state and local levels (Thomas 2010a).
Counties, municipalities, and other political subdivisions of the state are expressly
permitted to competitively procure DB contracts in accordance with local ordinance
or state law (Thomas 2010a). State agencies follow the statutes or rules of their agency
when awarding DB contracts. Municipalities, political subdivisions, school districts, and
school boards may award DB projects using either the competitive proposal process or
QBS (Florida Statute, 287.055.9C, 1989). Such use of QBS, however, is limited to DB con-
tracts that utilize a guaranteed maximum price that is established pursuant to competitive
negotiations.
In Florida, the QBS process and competitive negotiation process require agencies
to evaluate the qualifications of the DB teams, including their past performance with the
agency, and to interview the DB teams (Florida Statute, 287.055.4A, 1989). The agency
selects, in order of preference, no fewer than three firms deemed to be the most qualified
to perform the required services (Florida Statue, 287.055.4B, 1989). The selection factors
are: (1) the ability of the professional personnel put forward for the project; (2) the firm's
status as a certified minority business; (3) the design-builder's past performance on similar
projects; (4) the offeror's willingness to meet time and budget requirements; and (5) the
team's location, recent and current project workloads, and previous volume of work. The
agency may request, accept, and consider price only in the next phase, which is a competi-
tive negotiation (Florida Statue, 287.055.4B, 1989).
In the competitive negotiation phase, the agency negotiates with the most quali-
fied firm to achieve a guaranteed maximum price or stipulated sum for the design and