EXHIBIT A
5.68.100 Selection of Architectural, Engineering and Land Surveying Consultants for PTE Contracts
A. Beginning July 1, 2002 the City shall use a qualifications based selection process for the selection of architects, engineers and land surveyors (hereinafter collectively called “consultants”) if the requirements of ORS 279.057(9) are met and:
1. That process is required as a condition of receiving federal grant funds; or
2. The City receives money from the State Highway Fund pursuant to ORS 366.525, 366.800 or a grant or loan from the State of Oregon that will be used to pay for any portion of the design and construction of a public improvement project; provided:
a. The total amount of any grants, loans or moneys from the State Highway Fund and from the State of Oregon for the project exceeds 35% of the value of the project; and
b. The value of the project exceeds $400,000.
B. As used in this Section:
1. An “architect” is a person who is qualified, licensed, registered and holds a valid certificate in the practice of architecture in the State of Oregon, as provided in ORS 671.010 to 671.220, and includes without limitation the terms “architect,” “registered architect” and “licensed architect.”
2. An “engineer” is a person who is registered, and holds a valid certificate, in the practice of engineering in the State of Oregon, as provided in ORS 672.002 to 672.325, and includes all terms listed in Ors 672.002(2).
3. A “land surveyor” is a person who is registered, and holds a valid certificate, in the practice of land surveying in the State of Oregon, as provided by ORS 672.002 to 672.325 and includes all terms listed in ORS 672.002(4).
C. Evaluation: When a qualifications based selection process is required, the City shall evaluate the qualifications of the consultants and shall only solicit or use pricing policies and proposals or other pricing information to determine consultant compensation after it has conducted the screening and selection process. The evaluation criteria shall set forth the criteria that will be used to select the consultant including the weight or points applicable to each criterion, including whether interviews are anticipated. Those evaluation criteria may include, but are not limited to:
1. Specialized experience, capabilities and technical competence that may be demonstrated by the proposed approach and methodology to meet the project requirements; including:
a. Status and quality of any required licensing or certification;
b. Proposed solutions to any perceived design and constructability problems presented by the project; and
c. Design philosophy and project approach
2. Resources available to perform the work and the proportion of the candidate staff’s time that would be spent on the project, including any specialized services, within the applicable time limits, including:
a. The recent, current and projected workloads related to any such staff and resources; and
b. Availability and capability to perform the work.
3. Record of past performance, including but not limited to price and cost data from previous projects, quality of work, ability to meet schedules, cost control and contract administration, including:
a. Meeting deadlines;
b. Meeting financial obligations; and
c. Submitting accurate estimates.
4. Ownership status and employment practices regarding women, minorities and emerging small businesses (“M/W/ESBs”) or historically underutilized businesses; including:
a. Use of certified M/W/ESBS on prior projects; and
b. Plans for use of M/W/ESBs on the current project.
5. Availability to the project locale;
6. Familiarity with the project locale;
7. Proposed project management techniques;
8. Any other criteria that are deemed to be relevant to the project, including, where the nature and budget of the proposed project so warrant, a design competition between competing consultants.
D. Negotiation: Following evaluation, the highest ranked consultant and the City shall mutually discuss and refine the scope of services for the project and shall negotiate conditions, including but not limited to compensation level and performance schedule, based on the scope of services. In this regard:
1. The City cannot negotiate a contract term or provision in regard to terms and conditions required by law to be included within public contracts;
2. The negotiations shall focus on the consultant’s tasks and a performance schedule;
3. The resulting contract should include a maximum, “not-to-exceed” contract price that is consistent with the Consultant’s Proposal and fair and reasonable to the Public Contracting Agency, taking into account the estimated value, scope, complexity and nature of the Consultant Services.
E. Termination of Negotiations. Negotiations may be terminated by the City if agreement cannot be reached within a reasonable amount time, as determined by the City. If so, they shall be formally terminated either orally or in writing with the selected candidate.
F. Negotiations with Other Consultants. If negotiations are terminated with the highest ranked candidate, the City shall negotiate with the next highest ranked candidate in the same manner as stated in Paragraph D above. If agreement cannot be reached, those negotiations shall be terminated as provided in Paragraph E and negotiations with the third highest ranked consultant begun. If no agreement is reached, then negotiations shall be terminated as provided in Paragraph E above and the City may proceed to acquire a consultant in any manner permitted by City Code.
G. Negotiations in the event of a tie. If any consultants receive the same ranking, meaning they are equally qualified, the City may choose which candidate to negotiate with first in its own discretion.
5.68.110 Direct Contracts with Architects, Engineers and Land Surveyors
A. For purposes of this section the terms “architect,” “engineer,” “land surveyor,” and “consultants” shall have the same meaning as found in Section 5.68.100.
B. Notwithstanding Section 5.68.100, the City may enter into a personal service contract directly with a consultant if the project described in the professional, technical or expert services contract consists of work that has been substantially described, planned or otherwise previously studied or rendered in earlier contract with the consultant that was awarded pursuant to rules adopted by the City at the time the consultant originally was hired and the new contract is a continuation of that project, provided that the other requirements of this Chapter are met.
5.68.120 Two-Tiered Selection Process
A. For purposes of this section the terms “architect,” “engineer,” “land surveyor,” and “consultants” shall have the same meaning as found in Section 5.68.100.
B. Where the City desires to hire an architect, engineer or land surveyor for a public improvement it owns and maintains, and a State agency will act as the lead Public Contacting Agency, as provided for in OAR 137-035-0065, the selection of the consultant shall be from among the three most qualified Consultants identified by the State Agency or from an alternative process adopted by the City, consistent with the Request for Proposals, Request for Qualifications or other solicitation document.