[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:
- COUNCIL COMMITTEE
- 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.
- PROFESSIONAL SERVICES
- 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.
- STAFF COMMITTEE
- 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]
Each firm meeting the qualifications of the City. Each firm must:
Be duly authorized to conduct business in the State in their particular profession;
Be professionally registered by the State or recognized by the State, if registration is required; and
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.
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]
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:
Firm name, address, telephone numbers;
Year established and former firm names;
Types of services for which it is qualified;
Names of principals of the firm and States in which they are registered;
Names of key personnel, with experience of each and length of time in the organization;
Number of staff available for assignment;
Outside consultants and associates usually retained;
List of completed projects on which the firm was principal consultant;
Current projects underway and estimated cost of each, if applicable;
Data gathering methods, if applicable;
Evaluation techniques, if applicable;
Documentation verifying the existence of professional liability coverage or proof of insurability.
[R.O. 2009 §3.12.050; Ord. No. 3965 §3, 1979]
Projects will be divided into two (2) classes as follows:
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.
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]
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:
Specialized experience in the type of work required;
Record of the firm in accomplishing work on other similar services in the required time;
Quality of work previously performed by the firm for the City;
Recent experience, if any, showing accuracy of cost estimate;
Community relations, if any, including evidence of sensitivity to citizen concerns;
Geographic location of the principal offices of the firm;
An acceptable amount of professional liability insurance in force or documentation provided to demonstrate proof of insurability.
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.