Admin Order 44-23-01-F -- Final Public Contracting Rule 2022

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Exhibit A to Administrative Order No. 44-23-01-F City of Eugene Public Contracting Rules 2022 – Part 2 Page 122 137-049-0670. Design-Build Contracts 1) General. The Design-Build form of contracting, as defined in Rule 137-049-0610(3), has technical complexities that are not readily apparent. Contracting Agencies shall use this contracting method only with the assistance of knowledgeable staff or consultants who are experienced in its use. In order to use the Design-Build process, the Contracting Agency must be able to reasonably anticipate the following types of benefits: a) Obtaining, through a Design-Build team, engineering design, plan preparation, value engineering, construction engineering, construction, quality control, and required documentation as a fully integrated function with a single point of responsibility; b) Integrating value engineering suggestions into the design phase, as the construction Contractor joins the project team early with design responsibilities under a team approach, with the potential of reducing Contract changes; c) Reducing the risk of design flaws, misunderstandings and conflicts inherent in construction, Contractors building from designs in which they have had no opportunity for input, with the potential of reducing Contract claims; d) Shortening project time as construction activity (early submittals, mobilization, subcontracting and advance Work) commences prior to completion of a "Biddable" design, or where a design solution is still required (as in complex or phased projects); or e) Obtaining innovative design solutions through the collaboration of the Contractor and design team, which would not otherwise be possible if the Contractor had not yet been selected. 2) Authority. Contracting Agencies shall utilize the Design-Build form of contracting only in accordance with the requirements of these 137-049-0600 to 137-049-0690 Rules. See particularly Rule 137-049-0620 on "Use of Alternative Contracting Methods" and Rule 137- 049-0680 pertaining to ESPCs. 3) Selection. Design-Build selection criteria may include those factors set forth above in Rule 137-049-0640(2)(a), (b) and (c). 4) QBS Inapplicable. Because the value of construction Work predominates the Design-Build form of contracting, the qualifications-based selection (QBS) process mandated by ORS 279C.110 for State Contracting Agencies in obtaining certain consultant Personal Services is not applicable. 5) Licensing. If a Design-Build Contractor is not an Oregon licensed design professional, the Contracting Agency shall require that the Design-Build Contractor disclose in its Written Offer that it is not an Oregon licensed design professional, and identify the Oregon licensed design professional(s) who will provide design services. See ORS 671.030(2)(g) regarding the offer of architectural services, and 672.060(11) regarding the offer of engineering services that are appurtenant to construction Work. 6) Performance Security. ORS 279C.380(1)(a) provides that for Design-Build Contracts the surety's obligation on performance bonds, or the Bidder's obligation on cashier's or certified checks accepted in lieu thereof, includes the preparation and completion of design and related Personal Services specified in the Contract. This additional obligation, beyond performance of construction Work, extends only to the provision of Personal Services and related design revisions, corrective Work, and associated costs prior to final completion of the Contract (or for such longer time as may be defined in the Contract). The obligation is not intended to be a substitute for professional liability insurance, and does not include errors and omissions or latent defects coverage. 7) Contract Requirements. Contracting Agencies shall conform their Design-Build contracting practices to the following requirements: a) Design Services. The level or type of design services required must be clearly defined within the Procurement documents and Contract, along with a description of the level or