[R.O. 2009 §3.12.010; Ord. No. 3965 §1, 1979; Ord. No. 4797, 9-1990]
For purposes of this Chapter, the following terms shall have
the following meanings:
The committee appointed by the City Council to perform those functions set out in Section 140.040.
Any individual, firm, partnership, corporation, association
or other legal entity engaged in the practice of accounting, architecture,
engineering, land surveying, municipal planning or other similar legal
or managerial service, which may include, but not be limited to, surveys,
maps, studies, reports and recommendations independent of similar
work performed by the City of Sikeston.
Those services performed by and within the scope of the practice
of accountants, architects, engineers, municipal planners, land surveyors,
managerial consultants, attorneys and other independent services of
like professional nature which may or may not be licensed and regulated
by the State of Missouri.
The City Manager and the department or division head having
jurisdiction of the involved project.
[R.O. 2009 §3.12.020; Ord. No. 3965 §2(a), 1979]
The City Manager or designated employee(s) will maintain a roster
of qualified firms classified by category or professional service
interested in performing professional services for the City. Names
of firms will be placed on the roster upon their request, at the request
of any member of the City Council or when recommended by City department
heads.
[R.O. 2009 §3.12.030; Ord. No. 3965 §2(b), 1979; Ord. No. 4797, 9-1990]
A.
Each
firm meeting the qualifications of the City. Each firm must:
1.
Be duly
authorized to conduct business in the State in their particular profession;
2.
Be professionally
registered by the State or recognized by the State, if registration
is required; and
3.
Have
at least one (1) staff professional assigned to each project. Adequacy
of personnel will be determined on a contract-by-contract basis against
the City's estimate of manpower required to perform the work in the
desired time frame.
4.
Shall
have and maintain for the duration of the contract for services professional
liability insurance. Limits of liability shall be determined by the
City on a contract-by-contract basis. The City Council may waive requirement
for professional liability insurance when in its sole opinion the
scope of services to be performed may not warrant said coverage or
coverage may not be obtainable.
[R.O. 2009 §3.12.040; Ord. No. 3965 §2(c), 1979; Ord. No. 4797, 9-1990]
A.
Each
person or firm listed on the roster shall be responsible for maintaining
a current resume describing his/her or their qualifications and experience
at the City Manager's office. Data which should be included is as
follows:
1.
Firm
name, address, telephone numbers;
2.
Year
established and former firm names;
3.
Types
of services for which it is qualified;
4.
Names
of principals of the firm and States in which they are registered;
5.
Names
of key personnel, with experience of each and length of time in the
organization;
6.
Number
of staff available for assignment;
7.
Outside
consultants and associates usually retained;
8.
List
of completed projects on which the firm was principal consultant;
9.
Current
projects underway and estimated cost of each, if applicable;
10.
Data
gathering methods, if applicable;
11.
Evaluation
techniques, if applicable;
12.
Documentation
verifying the existence of professional liability coverage or proof
of insurability.
[R.O. 2009 §3.12.050; Ord. No. 3965 §3, 1979]
A.
Projects
will be divided into two (2) classes as follows:
1.
Class A. Services for projects where fees will exceed ten
thousand dollars ($10,000.00). The members of the Council committee
will act as the screening and selection committee and recommend the
firm and appropriate contract to the City Council for their approval.
2.
Class B. Services for projects where fees will not exceed
ten thousand dollars ($10,000.00). The firm will be selected by a
staff committee who will recommend the firm and appropriate contract
to the City Council for their approval.
[R.O. 2009 §3.12.060; Ord. No. 3965 §4(a), 1979]
When a department of the City identifies a project for which
professional services will be necessary, the department will draft
a scope of services for the specific project. This scope of services
will be submitted to the City Manager for authorization to initiate
the project and a determination as to whether the Council committee
or the staff committee will act as the screening and selection committee.
[R.O. 2009 §3.12.070; Ord. No. 3965 §4(b), 1979]
The administering department will contact those firms on the
roster for a written expression of interest in the specific service.
The request should invite comment as to the special experience in
the service being considered, describe previous experience with similar
projects and the availability of the firm to provide required service
within any time limitations.
[R.O. 2009 §3.12.080; Ord. No. 3965 §4(c), 1979; Ord. No. 4307 §1, 1981; Ord. No. 4797, 9-1990]
A.
The expressions
of interest submitted will then be presented to the appropriate screening
and selection committee for initial screening. Factors to be determined
in the initial screening will include:
1.
Specialized
experience in the type of work required;
2.
Record
of the firm in accomplishing work on other similar services in the
required time;
3.
Quality
of work previously performed by the firm for the City;
4.
Recent
experience, if any, showing accuracy of cost estimate;
5.
Community
relations, if any, including evidence of sensitivity to citizen concerns;
6.
Geographic
location of the principal offices of the firm;
7.
An acceptable
amount of professional liability insurance in force or documentation
provided to demonstrate proof of insurability.
B.
The screening
committee will designate three (3) to five (5) firms, if available,
who will be requested to present detailed proposals on the subject.
[R.O. 2009 §3.12.090; Ord. No. 3965 §4(d), 1979]
Firms submitting detailed proposals will be asked to provide
a resume of its proposed project supervisor; the name of the principal
who would be responsible for the work; the amount of work presently
under way; the ability of the firm to meet required time schedules;
a description of how the project would be conducted; and an estimated
cost of services based on the scope of the work, as well as other
facts they wish to present in favor of their firm. A scope of work
form will be provided to each firm asked to provide a detailed proposal
so that the firm can be fully informed of the parameters of the proposed
project and general City contacting policies.
[R.O. 2009 §3.12.100; Ord. No. 3965 §4(e), 1979]
Upon receipt of the detailed proposals, the appropriate committee
will be convened to review the proposals, interview the prospective
firms and make the final selection as to the firm for the project.
[R.O. 2009 §3.12.110; Ord. No. 3965 §4(f), 1979]
The selected firm will then be requested to come in for a final
conference with the appropriate committee to review the scope of service
to be provided and the compensation requirements for the work. The
fee may be then negotiated for the project, which is fair and reasonable.
A contract is prepared and submitted to the City Manager for presentation
to the City Council for approval. If, after reasonable effort, a contract
cannot be negotiated, the negotiations with the designated firm shall
be terminated and negotiations shall be started with the next firm
recommended.
[R.O. 2009 §3.12.120; Ord. No. 3965 §5(a), 1979]
Each contract entered into by the City Council for professional
services shall contain a prohibition against contingent fees as follows:
the architect, engineer or land surveyor (as applicable) warrants
that he/she has not employed or retained any company or person, other
than a bona fide employee working solely for the architect, engineer
or land surveyor, to solicit or secure person, company, corporation,
individual or firm other than a bona fide employee working solely
for the architect, engineer or land surveyor, any fees, commission,
percentage, gift or any other consideration, contingent upon or resulting
from the award or making of this agreement.
[R.O. 2009 §3.12.130; Ord. No. 3965 §5(b), 1979]
For the breach or violation of the provisions of this Chapter,
the City Council shall have the right to terminate the agreement without
liability and, at its discretion, to deduct from the contract price
or otherwise recover the full amount of such fee, commission, percentage,
gift or consideration.
[R.O. 2009 §3.12.140; Ord. No. 3965 §6, 1979]
The City Council, in its sole and absolute discretion, may waive
any and all of the procedural requirements mentioned in this Chapter.
