[CC 1988 §25.010; Ord. No. 691 §2, 6-18-1990; Ord. No. 1185 §1, 5-5-1997]
The City Administrator is hereby authorized to appoint a purchasing
agent for the City who shall, acting through the City Administrator
when authorized, procure for the City bids for supplies and services
needed by the City in accordance with the procedures prescribed by
this Article.
[CC 1988 §25.020; Ord. No. 1185 §1, 5-5-1997]
A. In
addition to the purchasing authority conferred in the preceding Section
and in addition to any other powers and duties conferred by this Article,
the City Administrator shall:
1. Act to procure for the City the highest quality in supplies and services
at the least expense to the City.
2. Endeavor to obtain as full and open competition as possible in all
purchases and sales.
3. Keep informed of current developments in the field of purchasing,
prices, market conditions and new products and secure for the City
the benefits of research done in the field of purchasing by other
governmental jurisdictions, national technical societies, trade associations,
and by private businesses and organizations.
4. Explore the possibilities of buying "in bulk" so as to take full
advantage of discounts.
5. Act so as to procure for the City all Federal and State tax exemptions
to which it is entitled.
[CC 1988 §25.030; Ord. No. 1185 §1, 5-5-1997]
No officer or employee of the City shall transact any business
in his/her official capacity with any business entity of which he/she
is an officer, agent or member or in which he/she owns a substantial
interest; nor shall he/she make any personal investments in any enterprise
which will create a substantial conflict between his/her private interest
and the public agent or member, or the owner of substantial interest,
sell any goods or services to any business entity which is licensed
by or regulated in any manner by the agency in which the officer or
employee serves. All City officers and employees are bound by the
conflict of interest requirements in Section 105.454, RSMo.
[CC 1988 §25.040; Ord. No. 1185 §1, 5-5-1997]
No officer or employee of an agency shall enter into any private
business transaction with any person or entity that has a matter pending
or to be pending upon which the officer or employee is or will be
called upon to render a decision or pass judgment. If any officer
or employee is already engaged in the business transaction at the
time that a matter arises, he/she shall be disqualified from rendering
any decision or passing any judgment upon the same.
[Ord. No. 3490 §1, 12-7-2015]
A. The ICMA Code of Ethics adopted by the City of Lake Saint Louis states
that employees shall not leverage their positions for personal gain
or benefit. Therefore, City employees are prohibited from selling
goods or services to the City unless he/she can meet a four-part exception.
In order for this exception to apply, the employee must show that
all four of the following requirements are met:
1.
The goods and services are necessary.
2.
The goods or services are part of a continuing course of business
that was established prior to the employee being hired by the City,
or the goods or services are unobtainable elsewhere for the same or
lower cost. For the latter, the City must use an objective price comparison
and follow the City's purchasing policies in a fair and impartial
competitive purchasing process.
3.
The treatment that the employee provides to the City is the
same as, or better than, the treatment provided to other customers
in similar transactions.
4.
The employee did not use his/her unique access as a City employee
to secure the transaction, the employee has made the City fully aware
of his/her interest in the transaction, and the employee was not involved
in the City's decision-making process.
B. The City will not make purchases from City employees or immediate
family members, etc., unless the above four-part exception is met
and the transaction is in full compliance with the City's ethics policy.
This must be documented in advance of making a purchase commitment.
If you desire to make a purchase for which a City employee may be
a potential supplier, you must follow the City's standard purchasing
procedures. The City Administrator must sign off on any potential
purchase prior to making a purchase commitment.
[CC 1988 §25.060; Ord. No. 1185 §1, 5-5-1997; Ord.
No. 1897 §1, 9-23-2003; Ord. No. 2792 §1, 11-2-2009; Ord. No. 2999 §1, 9-6-2011]
A. Procurement Of Budgeted Supplies, Equipment And Services.[Ord. No. 4627, 4-15-2024]
1. The following procedures shall apply when procuring supplies, equipment
or services that have been adopted within the City budget by the Board
of Aldermen and the purchase of the supplies, equipment or services
is less than the budgeted amount. All supplies, equipment and services,
except as otherwise provided in this Article, when the estimated cost
thereof shall be less than one thousand five hundred dollars ($1,500.00),
supplies, equipment and services shall be purchased by approval of
the department head and the City Administrator or his designee without
bids or proposals. Department heads shall always strive to maximize
value and to minimize costs when making these purchases; when the
estimated cost shall be one thousand five hundred dollars ($1,500.00)
but less than five thousand dollars ($5,000.00), supplies, equipment
and services shall be purchased after receipt of three (3) verbal
proposals and approval of the department head and the City Administrator
or his designee; when the estimated cost shall be five thousand dollars
($5,000.00) but less than twenty-five thousand dollars ($25,000.00),
supplies, equipment and services shall be purchased after receipt
of three (3) written proposals and approval of the City Administrator
or his designee; when the estimated cost shall be twenty-five thousand
dollars ($25,000.00) or more, supplies, equipment and services shall
be purchased after receipt of sealed bids or proposals with due notice
and approval of the Board of Aldermen. The Board of Aldermen may expressly
waive the sealed bids or proposals requirement for purchases exceeding
twenty-five thousand dollars ($25,000.00) upon their determination
that this requirement causes unnecessary costs to the City.
2. These procedures shall apply to all purchase requisitions submitted
for supplies, equipment and services.
3. The City Administrator is authorized to sign contracts that have
a value less than twenty-five thousand dollars ($25,000.00) as long
as the contract is for budgeted supplies, equipment or services and
the contract amount is within budget.
B. Procurement Of Vehicles From State, County, Municipality Bid Contracts. The following procedures shall apply when procuring vehicles that
have been adopted within the City budget by the Board of Aldermen
and the purchase of the vehicles is less than the budgeted amount.
The City Administrator is authorized to purchase vehicles that have
been awarded through a competitive procurement process for a State,
County or municipal bid.
[Ord. No. 2112 §1, 12-6-2004]
Because of the difficulty in soliciting bids for used equipment
through a formal process, the formal contract procedure requirements
for used equipment purchases over five thousand dollars ($5,000.00)
may be waived with the permission of the City Administrator provided
that the purchase of the item was approved by the Board of Aldermen
and included in the budget.
[Ord. No. 2792 §3, 11-2-2009; Ord.
No. 4627, 4-15-2024]
Blanket Purchase Orders. Blanket purchase orders
are allowed with the approval of the department head and the City
Administrator. Blanket purchase orders less than one thousand five
hundred dollars ($1,500.00) and within the budgeted line item amount
may be authorized by the department head. Blanket purchase orders
more than one thousand five hundred dollars ($1,500.00) and less than
twenty-five thousand dollars ($25,000.00) also within the budgeted
line item amount may be authorized by the City Administrator.
[Ord. No. 2792 §4, 11-2-2009]
Personal property and real property valued at less than one
thousand dollars ($1,000.00) may be sold at the discretion of the
City Administrator. Property valued over one thousand dollars ($1,000.00)
may be sold with the approval of the Board of Aldermen.
[CC 1988 §25.070; Ord. No. 1185 §1, 5-5-1997]
All purchases of goods or services will be accomplished in a
non-discriminating manner in regards to race, creed, national origin,
religion, sex, age or disability.
[CC 1988 §25.080; Ord. No. 1185 §1, 5-5-1997]
A. The notice required by Section
140.060 shall consist of the following:
1. Notice inviting bids shall be published once in at least one (1)
official newspaper of the City and at least five (5) days preceding
the last day set for the receipt of proposals. The newspaper notice
required herein shall include a general description of the articles
to be purchased or sold, shall state where specifications may be secured,
and the time and place for opening bids.
2. In addition to the above, the City Administrator may also solicit
sealed bids by:
a. Direct communication request to prospective vendors,
b. By telephone, as may seem to him/her to be in the best interest of
the City, and
[CC 1988 §25.090; Ord. No. 1185 §1, 5-5-1997]
Bids shall be submitted sealed to the City Administrator and
shall be identified as bids on the envelope. They shall be opened
in public at the time and place stated in the public notices. A tabulation
of all bids received will be posted for public inspection.
[CC 1988 §25.100; Ord. No. 1185 §1, 5-5-1997]
A. Contracts
shall be awarded to the lowest responsible bidder. Bids shall not
be accepted from, nor contracts awarded to, a contractor who is in
default on the payment of taxes, licenses or other monies due the
City. In determining "lowest responsible bidder", in addition to price,
the following shall be considered.
1. The ability, capacity and skill of the bidder to perform the contract
or provide the service required;
2. Whether the bidder can perform the contract or provide the service
promptly, or within the time specified, without delay or interference;
3. The character, integrity, reputation, judgment, experience and efficiency
of the bidder;
4. The quality of performance of previous contracts or services;
5. The previous and existing compliance by the bidder with laws and
ordinances relating to the contract or service;
6. The sufficiency of the financial resources and ability of the bidder
to perform the contract or provide the service;
7. The quality, availability and adaptability of the supplies or contractual
services to the particular use required;
8. The ability of the bidder to provide future maintenance and service
for the use of the subject of the contract;
9. The number and scope of conditions attached to the bid;
10. The Board of Aldermen reserves the right to reject any and all bids
and waive any technicality or informality.
[CC 1988 §25.110; Ord. No. 1185 §1, 5-5-1997]
All bids shall be accepted or rejected by the Board of Aldermen.
When the award is not given to the lowest bidder, a full and complete
statement of the reasons for placing the order elsewhere shall be
entered upon the minutes of the Board. Local suppliers shall be considered
whenever possible.
[CC 1988 §25.120; Ord. No. 1185 §1, 5-5-1997]
If all bids received or the lowest bids received are for the
same total amount or unit price, quality and service being equal,
the contract shall be awarded by the Board of Aldermen.
[CC 1988 §25.130; Ord. No. 1185 §1, 5-5-1997]
A. All
open market purchases shall, whenever possible, be based on at least
three (3) competitive bids and shall be awarded to the lowest responsible
bidder in accordance with the standards set forth in this Article.
B. The
City Administrator shall keep a record of all bids submitted in competition,
and such records shall be open to public inspection.
[Ord. No. 2201 §1, 8-15-2005]
A. Purchase Of Real Estate.
1. All purchases of real estate shall be based on a certified appraisal.
2. Services of a real estate agent shall only be solicited if:
a. The services are clearly necessary and the need can be documented;
and
b. The Board authorizes hiring the agent.
B. Sale Of Real Estate.
1. All sales of City-owned real estate must be authorized by the Board
of Aldermen.
2. In most cases, the disposal of surplus real estate will be publicly
bid. However, there may be certain cases when the property to be disposed
of has little or no value to any party other than the owner of the
adjoining property. In these cases, the Board of Aldermen may elect
to waive the public bid and negotiate a contract with the owner of
the adjacent property. Negotiations shall always be based on an appraisal
completed by a certified appraiser working on behalf of the City.
[CC 1988 §25.140; Ord. No. 1185 §1, 5-5-1997]
In case of an apparent emergency which requires immediate purchase
of supplies or contractual services, the Mayor or City Administrator
may authorize the purchase at the lowest obtainable price any supplies
or contractual services regardless of the amount of the expenditure.
A full explanation of the circumstances of an emergency purchase shall
be recorded in the journal of the Board of Aldermen.
[CC 1988 §25.150; Ord. No. 1185 §1, 5-5-1997]
Shall mean and include all telephone, gas, water, electric light
and power service; towel and cleaning service; insurance; leases for
all grounds, buildings, office or other space required by the using
agencies; and the rental, repair or maintenance of equipment, machinery
and other City-owned personal property. The term shall not include
professional and other contractual services which are in their nature
unique and not subject to competition.
[CC 1988 §25.160; Ord. No. 1185 §1, 5-5-1997]
To the maximum extent practicable, the purchases of this City
shall be made under the provisions of the Missouri State-Local Technical
Services Act. The provisions of this Article requiring competitive
bidding at the local level shall not apply to such purchases.
[CC 1988 §25.200; Ord. No. 1185 §1, 5-5-1997; Ord.
No. 3023 §1, 11-21-2011]
As used in this Article, the following words shall have these
prescribed meanings:
DESIGN PROFESSIONALS
Architects, professional engineers or registered land surveyors
performing work in connection with professional employment or practice
shall be considered design professionals.
FIRM
Any individual, firm, partnership, corporation, association,
or other legal entity permitted by law to practice architecture, engineering
or land surveying in the State of Missouri or to provide professional
services as described herein.
OTHER PROFESSIONALS
All professional services not included in the definition
of design professionals shall be considered other professionals.
PROFESSIONAL SERVICES
Those services within the scope of practice of architecture,
engineering or land surveying, as defined by the laws of the State
of Missouri, or those performed by any architect, professional engineer
or registered land surveyor in connection with this professional employment
or practice. Furthermore, the term "professional services" shall encompass the services provided by planning consultants, insurance
consultants, computer consultants, accountants, and other persons/firms
providing consulting services.
[CC 1988 §25.210; Ord. No. 1185 §1, 5-5-1997; Ord.
No. 3023 §2, 11-21-2011]
A. Maintenance Of Roster.
1. The City Engineer will maintain a roster, classified by discipline
of qualified firms or individuals offering design professional services
interested in performing professional services for the City. Names
of firms will be placed on the roster upon their request, at the request
of the Mayor or members of the Board of Aldermen, or when recommended
by the City Administrator.
2. The City Clerk will maintain a roster classified by profession of
qualified firms or individuals offering other professional services
interested in performing professional services for the City. Names
of firms will be placed on the roster upon their request, at the request
of the Mayor or members of the Board of Aldermen, or when recommended
by the City Administrator.
3. Each firm meeting the following minimum qualifications shall be deemed
to be a qualified firm and meeting the qualifications of the City.
a. Duly authorized to conduct business in the State of Missouri in their
particular profession.
b. Professional registration by the State of Missouri, if required.
c. 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. Each firm listed on the roster shall be responsible for maintaining
a current resume describing its qualifications and experience with
the City. Data which should be included is as follows:
a. Firm name, address, and telephone numbers.
b. Year established and former firm names (if applicable).
c. Types of services for which it is qualified.
d. Names of principals of the firm and States in which they are registered,
if registration is required in that profession.
e. Names of key personnel, with experience of each and length of time
in the organization.
f. Number of staff available for assignment.
g. Outside consultants and associates usually retained.
h. The past record of performance of the firm with respect to such factors
as control of costs, quality of work, and ability to meet schedules.
i. Current projects underway and estimated cost of each.
[CC 1988 §25.220; Ord. No. 1185 §1, 5-5-1997; Ord.
No. 2792 §5, 11-2-2009; Ord. No. 3023 §3, 11-21-2011]
A. Projects
will be divided into three (3) classes as follows:
[Ord. No. 4627, 4-15-2024]
1. Class A. Services for projects where fees are less
than twenty-five thousand dollars ($25,000.00). 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. The scope of services will be submitted to the City
Administrator for authorization to initiate the project. The scope
of services should include the following:
a. A description of the work required and its objectives.
b. The nature of specific tasks and services to be accomplished.
c. The type and amount of assistance to be given by the City department
involved.
e. Financial conditions or limitations; grant programs involved.
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Advertising for this class of project is exempt. The City Administrator
shall have discretion regarding the necessity to require a competitive
selection process for this class of project, and shall have the authority
to sign all necessary documents securing the services of the professional
service contractor.
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2. Class B — design professionals. Services for
projects where fees are twenty-five thousand dollars ($25,000.00)
or more. Selection of design professionals:
a. Request for proposals. The department responsible
for delivery of the project in question shall select not less than
three (3), and not more than five (5), of the firms from the roster,
and shall request a statement of qualifications for the specific project
and a written technical project approach from each of the selected
firms. After receiving the responses to the request for a statement
of qualifications and a technical project approach, the purchasing
agent and department director shall review and rank the responses.
b. Review. After the firms have been ranked by the
staff members, the highest ranked firm, and the basis for its selection,
shall be submitted to the Board of Aldermen for its approval. If the
staff selection is rejected, then the firm with the next highest ranking,
and the basis for its selection, shall be submitted for approval.
This selection process shall continue until a firm has been approved
or until the staff's list has been exhausted.
c. Negotiations.
(1)
The approved firm shall then meet and negotiate with the director
of the department, requiring the service, to define in detail the
scope of service to be provided and the compensation for those services.
(2)
If, after reasonable efforts, the staff members determine that
the contract cannot be negotiated, then the negotiations with the
approved firm shall be terminated, and the negotiations shall begin
with the next firm approved.
(3)
Upon completion of negotiation of the scope of services and
the compensation, a contract shall be prepared and submitted to the
Board of Aldermen for approval.
3. Class C — other professionals. Services for
projects where fees are twenty-five thousand dollars ($25,000.00)
or more.
a. Project initiation. 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 Administrator
for authorization to initiate the project, and a determination as
to which type of screening and selection committee will be required.
The scope of services should include the following:
(1)
A description of the work required and its objectives.
(2)
The nature of specific tasks and services to be accomplished.
(3)
The type and amount of assistance to be given by the City department
involved.
(5)
Financial conditions or limitations; grant programs involved.
b. Expressions of interest. After authorization, the
administering department will contact those firms on the roster and
those firms responding to advertisements for a written expression
of interest in the specific project. The request should invite comment
as to the special experience in the project being considered, describe
previous experience with similar projects, and the availability of
the firm to provide required service within any time limitations.
c. Initial screening and requests for proposals. The
expressions of interest 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 projects in
the required time.
(3)
Quality of work previously performed by the firm for the City.
(4)
Experience showing accuracy of cost estimates.
(5)
Community relations including evidence of sensitivity to citizen
concerns.
(6)
Geographic location of the office of the firm which would serve
the project.
(7)
Qualifications and experience of key personnel.
(8)
Relations with previous clients.
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The screening committee will designate three (3) or four (4)
firms who will be requested to present detailed proposals on the project
and be interviewed.
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d. Detailed proposals. Firms submitting detailed proposals
will be asked to provide the following:
(1)
A resume of the firm principal who will be responsible for the
project.
(2)
A resume of the proposed project supervisor.
(3)
Resumes of key project personnel.
(4)
A statement of the ability of the firm to meet required time
schedules.
(5)
A description of how the project would be conducted.
(6)
A schedule of hourly rates for various services offered and
a proposed project fee range.
(7)
A list of municipal references for similar types of projects.
(8)
Any other pertinent information the firm wishes to present.
e. Interview and selection. Upon receipt of the detailed
proposal, the selection and screening committee will be convened to
review selections as to the firm for the project. The prime factors
to be rated in the final screening are:
(4)
Understanding of City's objectives.
(7)
Fee and/or schedule of hourly rates.
(8)
Knowledge of local situation.
(10)
Presentation and attitude.
f. Contract negotiation. The selected firm will then
be requested to come in for a final conference with the screening
and selection committee to define precisely the scope of service to
be provided and to finalize the compensation requirements for the
work. A contract is prepared and submitted to the City Attorney for
review and then submitted to the Mayor and Board of Aldermen 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.
B. Exceptions.
1. In view of the fact that special conditions will occasionally arise
that make use of this policy impractical, there can be exceptions
made. Reasons for exceptions may include an emergency situation which
precludes a selection time frame of at least two (2) months, or an
extremely specialized need in which there is only one (1) feasible
source of expertise. If it appears there is a need for an exception
to the policy, the Mayor will inform the Board of Aldermen to allow
them the opportunity to deny the exception.
2. If the number of firms willing and available to perform a specific
task is small, the step involving initial screening may be skipped
and the selection process will go directly to detailed proposals.
[CC 1988 §25.230; Ord. No. 1185 §1, 5-5-1997]
A. Project Initiation. 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 Administrator for authorization
to initiate the project, and a determination as to which type of screening
and selection committee will be required. The scope of services should
include the following:
1. A description of the work required and its objectives.
2. The nature of specific tasks and services to be accomplished.
3. The type and amount of assistance to be given by the City department
involved.
5. Financial conditions or limitations; grant programs involved.
B. Expressions Of Interest. After authorization, the administering
department will contact those firms on the roster and those firms
responding to advertisements for a written expression of interest
in the specific project. The request should invite comment as to the
special experience in the project being considered, describe previous
experience with similar projects, and the availability of the firm
to provide required service within any time limitations.
C. Initial Screening And Requests For Proposals. The expressions
of interest 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 projects in the
required time.
3. Quality of work previously performed by the firm for the City.
4. Recent experience showing accuracy of cost estimates.
5. Community relations including evidence of sensitivity to citizen
concerns.
6. Geographic location of the office of the firm which would serve the
project.
7. Qualifications and experience of key personnel.
8. Relations with previous clients.
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The screening committee will designate three (3) or four (4)
firms who will be requested to present detailed proposals on the project
and be interviewed.
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D. Detailed Proposals. Firms submitting detailed proposals
will be asked to provide the following:
1. A resume of the firm principal who will be responsible for the project.
2. A resume of the proposed project supervisor.
3. Resumes of key project personnel.
4. A statement of the ability of the firm to meet required time schedules.
5. A description of how the project would be conducted.
6. A schedule of hourly rates for various services offered and a proposed
project fee range.
7. A list of municipal references for similar types of projects.
8. Any other pertinent information the firm wishes to present.
E. Interview And Selection. Upon receipt of the detailed proposal,
the selection and screening committee will be convened to review selections
as to the firm for the project. The prime factors to be rated in the
final screening are:
4. Understanding of City's objectives.
7. Fee and/or schedule of hourly rates.
8. Knowledge of local situation.
10. Presentation and attitude.
F. Contract Negotiation. The selected firm will then be requested
to come in for a final conference with the screening and selection
committee to define precisely the scope of service to be provided
and to finalize the compensation requirements for the work. A contract
is prepared and submitted to the City Attorney for review and then
submitted to the Mayor and Board of Aldermen 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.
G. Exceptions.
1. In view of the fact that special conditions will occasionally arise
that make use of this policy impractical, there can be exceptions
made. Reasons for exceptions may include an emergency situation which
precludes a selection time frame of at least two (2) months, or an
extremely specialized need in which there is only one (1) feasible
source of expertise. If it appears there is a need for an exception
to the policy, the Mayor will inform the Board of Aldermen to allow
them the opportunity to deny the exception.
2. If the number of firms willing and available to perform a specific
task is small, the step involving initial screening may be skipped
and the selection process will go directly to detailed proposals.
[CC 1988 §25.240; Ord. No. 1185 §1, 5-5-1997]
A. This
amount will include all services to be rendered to the City by the
firm, with the exception of certain pass-through expenses that will
be identified by contract, if applicable, and it will be calculated
by one (1) of the following methods at the preference of the City:
3. Hourly basis with total not to exceed a fixed amount.
[CC 1988 §25.250; Ord. No. 1185 §1, 5-5-1997]
A. Each
contract entered into by the Board of Aldermen for professional services
shall contain a prohibition against contingent fees as follows:
"No firm shall retain a person to solicit or secure a City contract
for professional services upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, except for retention
of bona fide employees or bona fide established commercial selling
agencies for the purpose of securing business."
B. For
the breach or violation of the foregoing provision, the Mayor and
Board of Aldermen 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.
[CC 1988 §25.260; Ord. No. 1185 §1, 5-5-1997]
A. The
procedures described herein shall be used in all projects requiring
outside professional services. Exceptions to this policy shall be
as follows:
1. After the City has used this process to select a firm with specialized
expertise that is available to do similar required work in that field
of expertise which would fall under Class B type projects, if new
contracts can be negotiated, the firm can be retained for additional
projects requiring that expertise for a period of no longer than three
(3) years. After three (3) years, this procedure shall be used again
for selection of professional services.
2. If, after project completion by a firm already selected by the City
through this process to do a major project, the City requires professional
services on an ongoing consultant basis on that project, the City
may retain the services of that firm on a consultant basis for a period
of three (3) years. After that period of time, the City shall use
this procedure again to select ongoing consultant services.
[CC 1988 §25.270; Ord. No. 1185 §1, 5-5-1997]
A. The
Mayor and Board of Aldermen may waive any and all aforementioned procedural
requirements in the best interests of the City.
1. Policy regarding dual representation by professional. The following points of relevant factors to consider in determining
appropriate City actions when dealing with professional when the professional
has or proposed "dual representation" (defined below) on a project.
2. For purpose of this policy, the term, "professional" included individuals and individuals within the same business organization
or firm. The actions of one (1) member of a multi-member firm are
attributed to the firm as the "professional".
3. A "project" may be a specific undertaking, defined
as to scope and duration, or a course of general representation relative
to a field of activity.
B. Dual Representation Defined. "Dual representation" is defined as a situation where:
1. The professional is engaged to provide or proposes to provide advice
and recommendations to the City on either a specific project, a defined
phase of a project or on a longer-term continuous basis; and
2. The professional, simultaneously with the representation of the City,
provides or proposes to provide services to another person or entity
that has a financial interest in the same project or a defined phase
of the project.
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"Simultaneous representation" includes those
work situations where the professional is contractually bound to the
City and other party to provide services over a defined period of
time.
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Relevant factors in determining whether dual representation
exists or is proposed are the following:
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1.
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Conflicting interest exists, i.e., where financial or other
gain to one (1) party in the transaction will affect financial or
other gain to the other party; and
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2.
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The professional is in a position to supply information or effectively
influences recommendation to either or both parties where the probable
result of such information or recommendation may affect material aspect
of the work engaged by the others with financial interests in the
transaction. A "material" aspect of the work is some
substantial portion of the work in which independent professional
judgment is expected from the professional as opposed to a purely
information gathering or drafting.
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C. Disclosure. Where dual representation exists or is proposed,
the professional shall provide full information in writing to the
City and the other party with respect to the representation of the
other party at the earliest possible time that the issue is known
to the professional. Detailed disclosure of the nature and extent
of the services to be rendered and areas where services overlap with
that of the City should be provided by the professional.
D. Consent. Where dual representation exists or is proposed,
the City should be in a position to affirmatively:
1. Provide consent in writing; or
2. Withdraw from its contractual commitment with the professional; or
3. Effectively request the professional to not provide the service to
the other party.
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At preliminary stages of project definition or in other appropriate
situations, it may be appropriate to provide conditional consent.
The conditional consent may specify factors which, if met, provide
consent subject to the condition or for a definite duration of time.
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E. Standards For Consent. The City may, through the City Administrator
with the advice of the City's project manager or person supervising
the work, consent to dual representation if:
1. The City and the other party will mutually benefit from the representation;
and
2.
a. Either the City and other party have agreed in advance to the financial
responsibilities for the work of the professional and the financial
responsibilities for the project; or
b. The work of the professional on one (1) phase of the work for the
other party will not significantly effect the overall work of the
professional on behalf of the City; and
3. The City and other parties have been fully informed with respect
to all aspects of such dual representation; and
4. Sufficient safeguards are in place such that the work of the professional
for the City is effectively reviewed either by the City's staff or
by a third party professional of the City's choice.
F. Contractual Provisions. This policy shall be incorporated
into standard City contractual documents.
[Ord. No. 2350 §1, 10-2-2006; Ord. No. 2417 §1, 2-5-2007]
A. As
used in this Section, the following terms mean:
DESIGN-BUILD
A public works project for which the design and construction
services are furnished under one (1) contract.
DESIGN-BUILD CONTRACT
A contract between the City and a design-builder to furnish
the architecture or engineering and related design services required
for a given public works project and to furnish the labor, materials
and other construction services for the same public works project.
DESIGN-BUILDER
Any individual, partnership, joint venture, corporation or
other legal entity, including combinations of such entities, that
proposes to perform or performs a design-build contract.
DESIGN CRITERIA CONSULTANT
A person, corporation, partnership or other legal entity
duly registered and authorized to practice architecture or professional
engineering in the State pursuant to Chapter 327, RSMo., and who is
employed by contract with the City to provide professional design
and administrative services in connection with the preparation of
the design criteria package.
DESIGN CRITERIA PACKAGE
Performance-oriented specifications for the public works
project sufficient to permit a design-builder to prepare a response
to the City's request for proposals for a design-build project.
PROPOSAL
An offer to enter into a design-build contract.
B. The
following criteria may be used in determining whether a design-build
contract is an appropriate method of procurement for the City:
1. Time constraints for delivery of the public works project; and
2. The suitability of the public works project for a design-build process.
C. The
City shall determine the scope and level of detail required to permit
qualified persons to submit proposals in accordance with the request
for proposals, given the nature of the public works project and the
level of design to be provided.
D. A design
criteria consultant may be employed or retained by the City to prepare
the design criteria package, perform periodic site visits, prepare
progress reports, review and approve progress and final pay applications
of the design-builder, review shop drawings and submittals, decide
disputes, interpret the construction documents, perform inspections
upon substantial and final completion, assist in warranty inspections
and provide all other professional services where the City deems it
in the public interest to have an independent design professional
assisting with the project administration.
E. The
City shall advertise a notice of a request for proposals at least
once in a newspaper of general circulation in the City. The notice
shall be published at least ten (10) days prior to the date set for
the receipt of the proposals and shall include a description of the
project, the procedures for submittal, the selection criteria to be
used and the time and place for opening proposals. A notice may also
be posted in the City Clerk's office and may also be mailed to all
responsible prospective design-builders. If notices can be mailed
to all prospective, prequalified design-builders, the purchasing agent
may waive publication and send the notices in lieu of publication.
F. Prequalification Of Potential Design-Builders.
1. The City shall prequalify potential design-builders for design-build
projects by requesting the submission of qualification information.
Under no circumstances shall price or fee be a part of the prequalification
criteria.
2. The City shall determine the relative ability of each design-builder
to perform the services required for each project. Determination of
ability shall be based on staff training and experience, design-builder
experience as a firm, location, past contracts with the City, financial
capacity, past performance and current and projected work load. In
making its determination the City shall interview no less than three
(3) design-builder firms to determine the firms' ability to provide
services and commitment to meet time and budget requirements.
3. The City shall select no less than two (2) nor more than five (5)
design-builder firms to be most highly qualified to perform the required
services, after considering the factors in (F)(2) above.
G. A request
for proposals shall be prepared for each design-build contract containing,
at a minimum, the following elements:
1. The procedures to be followed for submitting proposals, the criteria
for evaluation of proposals and the procedures for making awards;
2. The proposed terms and conditions for the design-build contract;
3. The design criteria package;
4. A description of the drawings, specifications or other information
to be submitted with the proposal with guidance as to the form and
level of completeness of the drawings, specifications or other information
that will be acceptable;
5. A schedule for planned commencement and completion of the design-build
contract;
6. Budget limits for the design-build contract;
7. Requirements for performance bonds, payment bonds and insurance;
and
8. Any other information that the City, in its discretion, chooses to
supply including, without limitation, surveys, soils reports, drawings
of existing structures, environmental studies, photographs or references
to public records.
H. Design-Builders To Submit Technical Proposals And Cost Proposals.
1. Design-builders who have been previously qualified by the City shall submit their proposals to the City in two (2) parts — a technical proposal and a cost proposal — according to the requirements of the request for proposals. The City shall open, review and evaluate the technical proposals prior to opening of the cost proposals and shall recommend selection of a design-builder based on the combined totals as stated in this Subsection. The qualifications of the design-builder and its subcontractors or consultants and any requested drawings or technical information shall be submitted separate from the cost proposal and clearly marked on the outside "technical proposal". Each design-builder's qualifications shall be ranked in accordance with the criteria set forth in Subsection
(G)(1). The cost proposal of the design-builder, including the cost of all design services and construction work required to complete the project, shall be submitted separate from the technical proposal in an envelope clearly marked "cost proposal". Cost proposals shall be evaluated and ranked in accordance with the request for proposals.
2. As an inducement to qualified design professionals, the City may
pay a reasonable stipend to each prequalified, responsive design-builder
who submits a qualified proposal but is not awarded the design-build
contract, if a component of the proposal is used by the City. Upon
payment of the stipend to an unsuccessful design-build proposer, the
City shall acquire ownership to the design submitted and the proposer
shall have no further rights thereto or liability for its use in any
manner. If the design-build proposer desires to retain all rights
and interest in the design proposed, the proposer shall forfeit the
stipend.
3. The City shall have the right to reject any and all proposals. If
all proposals are rejected, the City may solicit new proposals using
the same or different design criteria, budget constraints and qualifications.
I. A design-builder
that enters into a design-build contract shall comply with the requirements
of Chapter 327, RSMo., that the architectural engineering or land
surveying services to be performed under the contract are performed
by:
1. Persons who are duly licensed in this State and who are employees
of the design-builder;
2. Persons who are duly licensed in this State and who are under contract
to the design-builder; or
3. Corporations that hold current certificates of authority from the
State Board for the appropriate professions which are under contract
to the design-builder.