Step 2: Procure Professional Assistance

The success of a construction project depends heavily on the qualifications and experience of the professionals involved. Once the municipality has defined its needs and exhausted its internal expertise, it should obtain professional assistance. For most public infrastructure projects, this begins with selecting a qualified consulting engineer or architect. Complex projects - such as water treatment plants, wastewater treatment facilities, bridges, or major public buildings - often require professional assistance during the earliest planning stages to help evaluate alternatives, estimate costs, identify regulatory requirements, and develop a realistic project schedule. Also, some state and federally funded road and bridge projects mandate that private professional consultants be used.

Professional consultants serve an important role throughout the project. They translate the owner's goals into practical, technically sound solutions while balancing construction costs, long-term operating costs, regulatory requirements, maintainability, and future expansion. Many consultants also assist with permitting, funding applications, bidding, construction administration, and project closeout. Equally important, consultants should communicate effectively and work collaboratively with elected officials, municipal staff, regulators, contractors, and the public.

Qualifications-Based Selection 
Tennessee law requires local governments to procure professional services—including engineering, architectural, accounting, and legal services—using Qualifications-Based Selection (QBS) rather than competitive price bidding. T.C.A. § 12-4-106.

Under the QBS process, municipalities typically issue a Request for Qualifications (RFQ) describing the desired services and requesting statements of qualifications from interested firms. The municipality evaluates the firms based on their qualifications, experience, technical competence, capacity, past performance, and ability to complete the project successfully. Interviews may also be conducted. 
After ranking the firms, the municipality begins contract negotiations with the highest-ranked firm. Professional fees are negotiated only after qualifications have been evaluated. If negotiations are unsuccessful, negotiations proceed with the next-ranked firm until an agreement is reached.

For construction contracts, municipalities may also prequalify contractors or subcontractors when appropriate to ensure that bids are received only from firms with the experience and resources necessary to perform the work.

Working with Your Consultant 
After selecting a consultant, review the project definition developed during Step 1. Discuss the project's objectives, desired outcomes, schedule, anticipated permitting requirements, funding opportunities, and potential challenges. Cost estimates developed during this phase are preliminary but should become increasingly accurate as planning and design progress.

Remember that the consultant works for the municipality. While the consultant provides technical expertise, the municipality remains responsible for establishing project priorities and making policy decisions. Technologies, materials, and equipment should be selected because they best meet the municipality's operational needs, financial resources, staffing capabilities, and long-term objectives—not simply because they represent the newest or most sophisticated technology.

Owners should be cautious about adopting unproven technologies without substantial operating experience under conditions similar to those that exist locally.

Professional Liability Insurance 
Professional liability (errors and omissions) insurance should be required for engineering and architectural consultants in an amount appropriate for the size and complexity of the project. Design professionals often work on projects whose construction costs greatly exceed the firm's annual revenue or net worth. Adequate professional liability insurance helps protect the municipality if design errors or omissions result in additional construction costs, delays, or claims.

Design Reviews 
The consultant should provide periodic design reviews throughout the project, typically at approximately 30 percent, 60 percent, and 90 percent completion. These reviews should be included in the professional services agreement.

Each review provides an opportunity to:

• Confirm that the project continues to meet the owner's objectives.
• Identify needed changes before they become expensive.
• Review constructability and maintainability.
• Evaluate project costs and schedules.
• Obtain input from operations and maintenance personnel.

Best Practice: Operators and maintenance personnel should participate in these reviews whenever practical. Their experience often identifies operational issues that may not be apparent during design.

Operations and Maintenance Review 
Before final design approval, operators and maintenance personnel should review the plans for operability and maintainability. Items to consider include:

• Equipment accessibility.
• Routine maintenance requirements.
• Availability of replacement parts.
• Chemical storage and handling.
• Safety.
• Ease of cleaning.
• Protection from severe weather.
• Energy efficiency.
• Future expansion.

Projects that are easy to operate and maintain generally have lower life-cycle costs and greater long-term reliability.

Bidding and Contractor Selection 
After design has been completed and all necessary approvals obtained, the municipality should solicit competitive bids in accordance with applicable local, state, and federal requirements. The consultant typically prepares the plans, specifications, contract documents, and bid package and assists with evaluating bids.

Depending on project complexity, municipalities may consider:

• Contractor prequalification.
• Mandatory pre-bid conferences.
• Site visits.
• Bid alternates when project funding is uncertain.

Bid alternates allow owners to add or delete portions of work while preserving competition and avoiding costly redesign if bids exceed available funding.

Selecting the Lowest Responsible Bidder 
Construction contracts should generally be awarded to the lowest responsible bidder, not merely the lowest bidder. Under Tennessee law, a responsible bidder is one that possesses the capability, integrity, experience, and resources necessary to successfully perform the contract. T.C.A. § 12-3-201(6).

Municipalities should carefully evaluate contractor references, financial stability, experience with similar projects, safety record, available personnel and equipment, project schedule, and overall reputation. If a municipality determines that the apparent low bidder is not responsible, the reasons should be thoroughly documented.

Extremely low bids should receive careful scrutiny. A bid substantially lower than competing bids may indicate that the contractor has misunderstood the project, omitted significant work, underestimated costs, or intends to rely heavily on change orders after construction begins. Careful evaluation before award can prevent costly disputes later.