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OK,
here's the Ohio Revised Code that applies to architects and engineers. I really
think the City should read this because maybe things wouldn't get so
"over-budget" if they bothered to FOLLOW THE RULES!
§ 153.01 Architect
must submit accurate plans, estimates, bills of materials, and details to scale.
[Gee,
this is a really good and useful idea. My idea of an accurate plan....If I hire
an architectural firm to design a fountain and park area at the foot of a street
and it is supposed to cost under "x" number of dollars, then
when the plans are put out to be bid...it actually costs under "x"
number of dollars...(That would be an accurate estimate)]
Text of Statute
Whenever any building or structure for the use of the state or any
institution supported in whole or in part by the state or in or upon the public
works of the state that is administered by the director of administrative
services or by any other state officer or state agency authorized by law to
administer a project, including an educational institution listed in section
3345.50
of the Revised Code, is to be erected or constructed, whenever additions,
alterations, or structural or other improvements are to be made, or whenever
heating, cooling, or ventilating plants or other equipment is to be installed or
material supplied therefor, the aggregate cost of which amounts to fifty
thousand dollars or more, each officer, board, or other authority upon which
devolves the duty of constructing, erecting, altering, or installing the same,
referred to in sections 153.01
to 153.60
of the Revised Code as the owner, shall cause to be made,
by
an architect or engineer whose contract of employment [Wow,
look at this!
The state of Ohio uses actual contracts of employment and not just friendly
letters when they hire architects and engineers! What a good idea. Maybe the
City should try it?]
shall
be prepared and approved by the attorney general, the following:
(A) Full and accurate plans, suitable for the use of mechanics and other
builders in the construction, improvement, addition, alteration, or
installation;
(B) Details to scale and full-sized, so drawn and represented as to be easily
understood;
(C) Accurate bills showing the exact quantity of different kinds of material
necessary to the construction;
(D) Definite and complete
specifications of the work to be performed, together with directions that will enable a competent mechanic or other builder
to carry them out and afford bidders all needful information; [Another really good idea - definite and complete specifications. I bet that
means things like "overhead door openers" are included in the specs.,
and maybe also door thresholds?]
(E) A full and accurate estimate of each item of expense and the aggregate
cost of those items of expense;
(F) A life-cycle cost analysis;
(G) Further data as may be required by the department of administrative
services.
[§ 153.01.2]
§ 153.012
Preference
to Ohio contractors. [Golly,
what a good idea! Instead of hiring an engineering firm from Missouri...we hire
a firm from Ohio! Do you suppose they might know more about Ohio law???]
Text of Statute
With respect to the award of any contract for the construction,
reconstruction, improvement, enlargement, alteration, repair, painting or
decoration of a public improvement, including any highway improvement, made by
the state or in whole or in part supported by the state, except for a contract
for products produced or mined in Ohio or for a contract financed in whole or in
part by contributions or loans from any agency of the United States government,
preference shall be given to contractors having their principal place of
business in Ohio over contractors having their principal place of business in a
state which provides a preference in that state in favor of contractors of that
state for the same type of work. Where a preference is provided by another state
for contractors of that state, contractors having their principal place of
business in Ohio are to be granted in Ohio the same preference over them in the
same manner and on the same basis and to the same extent as the preference is
granted in letting contracts for the same type of work by the other state. If
one party to a joint venture is a contractor having its principal place of
business in Ohio, the joint venture shall be considered as having its principal
place of business in Ohio.
§ 153.65 Definitions.
Text of Statute
As used in sections 153.65
to 153.71
of the Revised Code:
(A) "Public authority"
means the state, or a county, township, municipal
corporation, [municipal
corporation...that means us!]
school district, or
other political subdivision, or any public agency, authority, board, commission,
instrumentality, or special district of the state or a county, township,
municipal corporation, school district, or other political subdivision.
(B) "Professional design
firm"[
Firms like engineering firms....architectural firms.... ]
means any person legally engaged in rendering professional design services.
(C) "Professional design
services" means services within the scope of practice of an
architect or landscape architect registered under Chapter 4703.
of the Revised Code or a professional engineer or surveyor registered under
Chapter 4733. of the Revised Code.
(D) "Qualifications" means all of the following:
(1) Competence of the professional design firm to perform the required
professional design services as indicated by the technical training, education,
and experience of the firm's personnel, especially the technical training,
education, and experience of the employees within the firm who would be assigned
to perform the services;
(2) Ability of the firm in terms of its workload and the availability of
qualified personnel, equipment, and facilities to perform the required
professional design services competently and expeditiously;
(3) Past performance of the firm as reflected by the evaluations of previous
clients with respect to such factors as control of costs, quality of work, and
meeting of deadlines;
(4) Other similar factors.
§ 153.66 Statements of qualifications.
Text of Statute
Each public authority planning to contract for professional design services
shall encourage professional design firms to submit a statement of
qualifications and update the statements at regular intervals.
§ 153.67
Announcement of available contracts for professional design services. [Hmmmm...Sandusky
is supposed to announce that it has contracts for architects or engineers. Gee,
that does sound like they aren't supposed to just go out and hire someone, does
it...]
Text of Statute
Each public authority planning to contract for professional design services
shall publicly announce all contracts available from it for such services. The
announcements shall:
(A) Be made in a uniform and consistent manner and shall be made sufficiently
in advance of the time that responses must be received from qualified
professional design firms for the firms to have an adequate opportunity to
submit a statement of interest in the project;
(B) Include a general description of the project, a statement of the specific
professional design services required, and a description of the qualifications
required for the project;
(C) Indicate how qualified professional design firms may submit statements of
qualifications in order to be considered for a contract to design the project;
(D) Be sent to either of the following:
(1) Each professional design firm that has a current statement of
qualifications on file with the public authority and is qualified to perform the
required professional design services;
(2) Architect, landscape architect, engineer, and surveyor trade
associations, the news media, and any publications or other public media that
the public authority considers appropriate.
§ 153.68 Prequalification requirements.
Text of Statute
Any public authority planning to contract for professional design services
may institute prequalification requirements for professional design firms
seeking to provide services to the public authority and may require that each
prequalified firm maintain a current statement of qualifications on file with
the public authority. The prequalification requirements shall be based on
factors such as those set out in division (D) of section 153.65
of the Revised Code.
§ 153.69 Evaluation and selection of firms; negotiation of
contract.
Text of Statute
For every professional design services contract, each public authority
planning to contract for professional design services shall evaluate the
statements of qualifications of professional design firms currently on file,
together with those that are submitted by other professional design firms
specifically regarding the project, and may hold discussions with individual
firms to explore further the firms' statements of qualifications, the scope and
nature of the services the firms would provide, and the various technical
approaches the firms may take toward the project. Following this evaluation, the
public authority shall:
(A) Select and rank no fewer than
three firms which it considers to be the most qualified to provide the required
professional design services, except when the public authority determines in
writing that fewer than three qualified firms are available in which case the
public authority shall select and rank those firms;
[
My goodness, here it says the City is supposed to find three firms and evaluate
them.]
(B) Negotiate a contract with the firm ranked most qualified to perform the
required services at a compensation determined in writing to be fair and
reasonable to the public authority. Contract negotiations shall be directed
toward:
(1) Ensuring that the professional design firm and the agency have a mutual
understanding of the essential requirements involved in providing the required
services;
(2) Determining that the firm will make available the necessary personnel,
equipment, and facilities to perform the services within the required time;
(3) Agreeing upon compensation which is fair and reasonable, taking into
account the estimated value, scope, complexity, and nature of the services.
(C) If a contract is negotiated with the firm ranked to perform the required
services most qualified, the public authority shall, if applicable under section
127.16
of the Revised Code, request approval of the board to make expenditures under
the contract.
(D) Upon failure to negotiate a contract with the firm ranked most qualified,
the public authority shall inform the firm in writing of the termination of
negotiations and enter into negotiations with the firm ranked next most
qualified. If negotiations again fail, the same procedure shall be followed with
each next most qualified firm selected and ranked pursuant to division (A) of
this section, in order of ranking, until a contract is negotiated.
(E) Should the public authority fail to negotiate a contract with any of the
firms selected pursuant to division (A) of this section, the public authority
shall select and rank additional firms, based on their qualifications, and
negotiations shall continue as with the firms selected and ranked initially
until a contract is negotiated.
§ 153.70 Professional liability insurance; waiver or
substitution.
Text of Statute
(A) Except for any person providing professional design services of a
research or training nature, any person rendering professional design services
to a public authority shall have and maintain, or be covered by, during the
period the services are rendered, a professional liability insurance policy or
policies with a company or companies that are authorized to do business in this
state and that afford professional liability coverage for the professional
design services rendered. The insurance shall be in amount considered sufficient
by the public authority.
(B) The requirement for professional liability insurance set forth in
division (A) of this section may be waived by the public authority for good
cause, or the public authority may allow the person providing the professional
design services to provide other assurances of financial responsibility.
§ 153.71 Rules;
exceptions to provisions.
[Here
it talks about exceptions, but I can't find anything
peculiar or specific in it.]
Text of Statute
Any public authority planning to contract for professional design services
may adopt, amend, or rescind rules, in accordance with Chapter
119.
of the Revised Code, to implement sections 153.66
to 153.70
of the Revised Code. Sections 153.66
to 153.70
do not apply to any of the following:
(A) Any project with an estimated professional design fee of less than
twenty-five thousand dollars;
(B) Any project determined in writing by the public authority head to be an
emergency requiring immediate action including, but not limited to, any projects
requiring multiple contracts let as part of a program requiring a large number
of professional design firms of the same type;
(C) Any public authority that is not empowered by law to contract for
professional design services.
So,
there you have it, folks. Everything I found in the Ohio Revised Code that
applies to municipalities about hiring engineers and architects. No where does
it say that the City can just go out and hire an engineer to do a job. They have
to publish that the work is available and must look at at least three
firms.
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2001
