[R.O. 2008 §130.010; Ord. No. 353 §1, 12-12-1983]
The following terms as used in this Chapter shall have these
prescribed meanings:
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.
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. The term "professional services" as used in this Chapter
may also encompass the services provided by planning consultants,
accountants, and other persons or firms providing consulting services.
[R.O. 2008 §130.020; Ord. No. 353 §2, 12-12-1983]
The City Clerk shall maintain a roster, classified by category
of professional service, of qualified firms interested in performing
professional services for the City. Names of firms will be placed
on the roster upon their request, or at the request of the Mayor,
members of the Board of Aldermen, or department heads. Publications
by professional organizations which list the qualified firms in a
specific field may be incorporated in the roster.
[R.O. 2008 §130.030; Ord. No. 353 §3, 12-12-1983]
A. Projects will normally be divided into two (2) classes
as follows:
1.
Class A. Services for projects
where fees will exceed ten thousand dollars ($10,000.00). Two (2)
members of the Board of Aldermen appointed by the Mayor, the Mayor,
and the department head having responsibility for the project will
act as the Screening and Selection Committee.
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 Board of Aldermen for their approval.
B. It may be necessary on some projects to appoint persons
to the Selection Committee from outside City Government who are experts
in a particular field and who are disinterested parties in the project
at hand. If a project involves a department advised by a citizen commission,
it may be desirable to include a representative from that commission
on the Selection Committee. The Mayor may appoint these persons to
either class of committee, with the approval of the Board of Aldermen.
[R.O. 2008 §130.040; Ord. No. 353 §4, 12-12-1983]
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 presented to the
Mayor and Board of Aldermen 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 services within any time limitations.
C. Initial Screening And Requests For Proposals.
1.
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:
a.
Specialized experience in the type of work required.
b.
Records of the firm in accomplishing work on other
projects in the required time.
c.
Quality of work previously performed by the firm
for the City.
d.
Recent experience showing accuracy of cost estimates.
e.
Community relations, including evidence of sensitivity
to citizen concerns.
f.
Geographic location of the office of the firm
which would serve the project.
2.
The Screening Committee will designate at least
three (3) firms who will be requested to present detailed proposals
on the project.
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; and
8.
Any other pertinent information the firm wishes
to present.
E. Interview And Selection. Upon receipt
of the detailed proposals, the Selection and Screening Committee will
be convened to review the proposals, interview the prospective firms,
and make the final selections as to the firm for the project. Written
interview and selection criteria utilizing a point system that has
been agreed upon by the Committee shall be established prior to receiving
detailed proposals on a project. The prime factors to be rated in
the final screening are the firm's:
4.
Understanding of the City's objectives;
7.
Fee and/or schedule of hourly rates;
8.
Knowledge of local situation;
10.
Presentation and attitude; and
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 Mayor for
review, and then submitted to the 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 Chapter 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 this Chapter, the Mayor will inform the Board of Aldermen
to allow said Board 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 the initial screening
may be skipped, and the selection process will go directly into detailed
proposals.
[R.O. 2008 §130.050; Ord. No. 353 §5, 12-12-1983]
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 the 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.
[R.O. 2008 §130.060; Ord. No. 353 §6, 12-12-1983]
A. Each contract entered into by the Board of Aldermen shall
contain a prohibition clause against contingent fees as follows:
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"No firm shall retain a person, to solicit or secure a City
contract for professional services upon an agreement or understanding
for a 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."
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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.
[R.O. 2008 §130.070; Ord. No. 353 §7, 12-12-1983]
The Mayor and Board of Aldermen may waive any and all aforementioned
procedural requirements in the best interests of the City.