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The City shall select one of the following methods as the process to be used for the selection, if any, of the winning entity:

A. A design-build competition based on performance specifications and criteria set forth by the City in the request for proposals.

1. Criteria used in this form of evaluation of proposals may include, but not be limited to, items such as proposed design approach, life-cycle costs, project features, financing, quality, total cost, past performance, business standing, schedule, and operational and functional performance of the facility. However, any criteria and methods used to evaluate proposals shall be limited to those contained in the request for design-build proposals or qualifications.

2. Any architectural firms, engineering firms, specialty consultants, or individuals retained by the City to assist in the preparation of the request for proposals shall not be eligible to participate in the competition with any design-build entity.

3. The City shall make an award, if any, to the design-build entity whose proposal is judged as providing best value meeting the interests of the City and meeting the objectives of the project.

B. A design-build competition based on program requirements, performance specifications, and a preliminary design or combination thereof set forth by the City in the request for proposals. Limited or preliminary drawings and specifications detailing the requirements of the project may accompany the request for proposals.

1. The City shall establish technical criteria and methodology, including price, to evaluate proposals and shall describe the criteria and methodology of evaluation and selection in the request for proposal or qualification.

2. Any architectural firms, engineering firms, specialty consultants, or individuals retained by the City to assist in the preparation of request for proposals shall not be eligible to participate in the competition with any design-build entity.

3. The City shall make an award, if any, to the design-build entity on the basis of the technical criteria and methodology, including price, whose proposal is judged as providing best value in meeting the interests of the City and meeting the objectives of the project.

C. A design-build competition based on a collaborative design-build or progressive design-build solicitation as set forth by the City in a request for proposals.

1. The City shall establish criteria and methodology, including demonstrated competence, experience, and cost, to evaluate proposals and select a design-build entity. The City shall include the established criteria and methodology in the request for proposals.

2. Any architectural firm, engineering firm, consultant, or individual retained by City to assist in the preparation of a request for proposals will not be eligible to participate in the competition with any design-build entity or team.

3. The City shall make an award, if any, based on a determination of which proposal provides the best value to meet the interests of the City and objectives of the project.

4. If the City makes an award to a design-build entity for the design and pre-construction phase, the City is not obligated to make an award to the same design-build entity for the final design and construction phase. The City is authorized to utilize any information obtained or documentation prepared during the design and pre-construction phase in any manner desired by the City, including use in separate and subsequent design-build or public works solicitation processes.

D. A design-build competition based on program requirements and a detailed scope of work, including any preliminary design drawings and specifications set forth by the City in the request for proposals.

1. Any architectural firms, engineering firms, specialty consultants, or individuals retained by the City to assist in the preparation of request for proposals shall not be eligible to participate in the competition with any design-build entity.

2. The City shall make an award, if any, on the basis of the lowest responsive bid.

E. The City shall make a “sole source” award, if any, as allowed by law and in strict accordance with the City’s rules, regulations, and procedures governing sole source awards.

F. A design-build competition based on a cooperative purchasing solicitation.

1. The Purchasing Agent shall review the criteria and methodology used to evaluate proposals and select the winning entity pursuant to the cooperative purchasing solicitation. The Purchasing Agent shall make a written determination whether such criteria and methodology substantially conforms to the City’s rules, regulations, and procedures governing design-build procurement.

2. If the Purchasing Agent determines that the criteria and methodology used to evaluate proposals and select the winning entity substantially conforms to City’s rules, regulations, and procedures governing design-build procurement, the City shall make an award, if any, to the winning entity which has been awarded a contract pursuant to the cooperative purchasing solicitation.

The City has no obligation to select a winning entity or award a contract pursuant to any design-build procurement process. The City is authorized to reject any and all proposals at any time if the City determines doing so would be in the best interest of the City. The City is not responsible or liable for any costs incurred by any proposer in the preparation or submission of a proposal, or any other costs incurred by any proposer during the selection process. (Ord. 3436 § 1, 2018; Ord. 2827 § 1, 2000).