[Ord. No. 4001 §I, 12-14-2011]
The City does adopt and establish a policy and procedure for
the selection and procurement of professional services in accordance
with the following provisions.
[Ord. No. 4001 §I, 12-14-2011]
A.
The
City Administrator is hereby directed to implement the provisions
of the policy set forth herein.
B.
The
following shall be the policy and procedures for selecting architectural,
engineering, land surveying services and other professional services
(hereinafter referred to as professional services) for the City of
Festus.
[Ord. No. 4001 §I, 12-14-2011]
As used in this Article, the following terms shall have the
meanings ascribed to them:
Those services within the scope of practice of architecture
as defined by the laws of the State of Missouri, Section 327.091,
RSMo.
The City of Festus.
The governing Council of the City of Festus.
Those services within the scope of practice of engineering
as defined by the laws of the State of Missouri, Section 327.181,
RSMo.
Any individual, firm, partnership, corporation, association
or other legal entity permitted by law to practice the profession
of architecture, engineering or land surveying or other professional
services and provide said services.
Those services within the scope of practice of land surveying
services as defined by the laws of the State of Missouri, Section
327.272, RSMo.
The repair, but not replacement, of existing facilities when
the size, type or extent of the existing facilities is not thereby
changed or increased.
The highest elected official of the City of Festus.
Those services of a vocation requiring specialized knowledge
and intensive academic or technical training in such fields as land
appraisal, urban planning, finance, real estate and others.
At least three (3) qualified individuals appointed by the
Mayor, including the department head of the using department, and
the City Administrator who shall oversee and coordinate the selection
process and shall serve as the Chair of the Selection Committee. The
selection process shall only be instituted under the supervision and
direction of the City Administrator who may with the approval of the
Mayor establish procedural rules so long as they are not inconsistent
with this Article or State law.
The City department requesting the professional service and
be the prime user and oversee the service.
[Ord. No. 4001 §I, 12-14-2011]
A.
Projects
will be divided into four (4) types as follows:
1.
Type I. Services for projects where fees will exceed
ten thousand dollars ($10,000.00); the using department shall select
at least five (5) firms to be contacted for an "expression of interest".
After "expressions of interest" are received and reviewed, at least
three (3) detailed proposals shall be requested. Request for "expressions
of interest" and detailed proposals may be combined into a single
request.
After reviewing the detailed proposals, the Selection Committee
shall make a recommendation to the City Council for approval or rejection
of the proposal. The Council has the right to approve or reject any
and all proposals.
2.
Type 2. Services for projects where fees are less
than ten thousand dollars ($10,000.00) but more than five thousand
dollars ($5,000.00); three (3) written proposals are required, when
possible. The three (3) written proposals may be solicited by mail
or telephone. After reviewing the detailed proposals, the Selection
Committee then makes a recommendation to the City Council for approval
or rejection of the proposal.
3.
Type 3. Services for projects where fees are less
than five thousand dollars ($5,000.00) may be made by the director
of the using department without soliciting competitive proposals upon
approval of the City Administrator.
4.
Type 4. Maintenance service where the costs are
less than five thousand dollars ($5,000.00) may be made by the director
of the using department without soliciting competitive proposals upon
approval of the City Administrator.
[Ord. No. 4001 §I, 12-14-2011]
A.
Expressions Of Interest Type 1 Projects. For Type 1 service,
the using department shall solicit proposals from qualified firms
approved by the Selection Committee. The request should invite comments
as to the special experience in the project being considered and describe
previous experience with similar projects. The expressions of interest
will be reviewed by the department requesting the services. Factors
to be determined in the initial screening will include:
1.
Specialized experience and technical competence with respect to the
type of services required.
2.
Quality of services previously performed by the firm for the City.
3.
Past record of performance with respect to cost control, quality
of services and ability to meet schedules.
4.
Community relations including evidence of sensitivity to citizen
concerns.
5.
The firms proximity to and familiarity with the area where the project
is located.
B.
Detailed Proposals. Firms submitting detailed proposals
will provide the information prescribed by the using department. The
information shall include:
1.
Project name for which firm is filing.
2.
Name and address of firm.
3.
Previous related experience.
4.
Outside firms or outside personnel to be used on projects.
5.
Brief resume of key persons, specialists.
6.
Special experience in the project being considered.
7.
Any work previously or currently performing for City.
8.
Description of resources.
[Ord. No. 4001 §I, 12-14-2011]
A.
Upon
receipt of the detailed proposals for Type 1 or 2 projects, the Selection
Committee will review the proposals; interview the prospective firms,
if necessary; and make a recommendation of two (2) firms best qualified
and capable of performing the desired work.
B.
The
using department shall negotiate a contract with top firm selected.
If a satisfactory contract cannot be negotiated with the top firm,
negotiations with that firm shall be terminated with the approval
of the Selection Committee. Negotiations may then begin with the second
(2nd) firm. If there is a failing of accord with the second (2nd)
firm, negotiations with such firm may be terminated with the approval
of the Selection Committee.
C.
If
an agreement cannot be negotiated with the two (2) selected firms,
the using department shall re-evaluate the professional services,
including scope and fee requirements, and proceed in accordance with
this policy.
[Ord. No. 4001 §I, 12-14-2011]
A.
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 any 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."
B.
For
the breach or violation of the foregoing provision, 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.
[Ord. No. 4001 §I, 12-14-2011]
A.
When,
in the opinion of the City Administrator, the nature of other professional
services is so specialized that there is only a sole supplier of a
professional service that can meet the City's needs, the City Administrator
may select such firm or recommend the Council select such firm. An
exception shall be promptly reported to the City Council with an explanation
of the reasons therefore.
B.
The
City Council in its sole and absolute discretion may waive any and
all aforementioned procedural requirements.
