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Exhibit A to Administrative Order No. 44-23-01-F
<br />City of Eugene Public Contracting Rules 2022 – Part 2 Page 58
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<br />D) Procurements for special inspections and testing services, which involve inspecting,
<br />testing, or otherwise overseeing the performance of a construction Contractor under
<br />a Public Contract for construction services subject to ORS chapter 279C; and
<br />E) Procurements for other Related Services or Personal Services, which involve
<br />administering, managing, monitoring, inspecting, evaluating compliance with, or
<br />otherwise overseeing the Public Contracts described in Section (8)(a) of this rule.
<br />10) The restrictions of ORS 279C.307 do not apply in the following circumstances, except as
<br />further specified below:
<br />a) To a Contracting Agency's Procurement of both design services and construction
<br />services through a single "Design-Build" Procurement, as that term is defined in Rule
<br />137-049-0610. Such a Design-Build Procurement includes a Procurement under an
<br />Energy Savings Performance Contract, as defined in ORS 279A.010. Provided,
<br />however, the restrictions of ORS 279C.307 do apply to a Contracting Agency's
<br />Procurement of Personal Services for the purpose of administering, managing,
<br />monitoring, inspecting, evaluating compliance with, or otherwise overseeing a Design-
<br />Build Contract or performance under such a Contract resulting from a Design-Build
<br />Procurement; and
<br />b) To a Contracting Agency's Procurement of both pre-construction services and
<br />construction services through a single Procurement of Construction Manager/General
<br />Contractor Services, as that term is defined in ORS 279C.332(3). Provided, however,
<br />the restrictions of ORS 279C.307 do apply to a Contracting Agency's Procurement of
<br />Personal Services for the purpose of administering, managing, monitoring, inspecting,
<br />evaluating compliance with, or otherwise overseeing a Construction Manager/General
<br />Contractor Contract or performance under such a Contract resulting from a
<br />Procurement of Construction Manager/General Contractor Services.
<br />Related State Statutes: ORS 279A.065, 279C.100-279C.125, OL 2009, ch. 880, sec. 11, OL 2011, ch
<br />458; DOJ 15-2019, amend filed 12/23/2019, effective 01/01/2020.
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<br />137-048-0200. Direct Appointment Procedure
<br />1) Contracting Agency may enter into a Contract directly with a Consultant without following
<br />the selection procedures set forth elsewhere in these rules if:
<br />a) Emergency. Contracting Agency finds that an Emergency exists; or
<br />b) Small Estimated Fee. The Estimated fee to be paid under the Contract does not exceed
<br />$100,000; or
<br />c) Continuation of Project With Intermediate Estimated Fee. For Contracting Agencies
<br />where a Project is being continued, as more particularly described below, and where the
<br />Estimated Fee will not exceed $250,000, the Architectural, Engineering,
<br />Photogrammetric Mapping, Transportation Planning, or Land Surveying Services, or
<br />Related Services to be performed under the Contract must meet the following
<br />requirements:
<br />A) The services consist of or are related to Architectural, Engineering, Photogrammetric
<br />Mapping, Transportation Planning, or Land Surveying Services, or Related Services
<br />that have been substantially described, planned or otherwise previously studied in
<br />an earlier Contract with the same Consultant and are rendered for the same Project
<br />as the Architectural, Engineering, Photogrammetric Mapping, Transportation
<br />Planning, or Land Surveying Services, or Related Services rendered under the
<br />earlier Contract;
<br />B) The Estimated Fee to be made under the Contract does not exceed $250,000; and
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