[Ord. No. 97-42, § 1, 2-4-1998]
As the Town is required to engage the services of professional
firms from time to time to perform design, engineering or other professional
studies and reports for the Town, it is the intention of the Town
to establish rules, policies and procedures for the solicitation and
award of such professional services. When it becomes necessary to
obtain such outside professional services, it is the intention of
the Town to utilize an objective process which identifies qualified
providers of such services, yet facilitates the financial management
objectives of the Town's administration. This objective shall be met
warily through the implementation of the open competitive selection
process.
[Ord. No. 97-42, § 2, 2-4-1998]
When used in this article the following terms shall have the
following definition, unless it shall be clearly stated that a different
meaning is intended:
The duly appointed and acting director of the department
of planning and community development, also called the Town planner,
or the administrative officer of the Cumberland Planning Board.
The duly appointed and acting director of the department
of public works of the Town of Cumberland, Rhode Island.
The duly elected and acting chief elective official of the
Town of Cumberland, Rhode Island pursuant to the Cumberland Home Rule
Charter and the electoral laws of the State of Rhode Island and Providence
Plantations.
A committee established by virtue of this article and further
established and described hereinbelow.
Includes but not be limited to contractual professional services
in such areas as architecture, engineering, landscape design, real
estate appraisals, land surveying, title reporting, planning study,
and the like, by individuals, companies, partnerships, corporations
or other business entities or associations duly authorized, empowered,
permitted or licensed by the State of Rhode Island and Providence
Plantations; or, holding licenses, permits or empowerment recognized
by the duly constituted and recognized professional regulatory agencies
of the State of Rhode Island.
The duly appointed and acting purchasing agent of the Town
of Cumberland, Rhode Island as defined by the Cumberland Home Rule
Charter.
A written request issued by the purchasing agent on behalf
of the Town of Cumberland, its departments, agencies, commissions
or instrumentality inviting professional service firms to submit proposals
for the provision of services in a total amount greater than $5,000
and which outline the scope of the work as envisioned, the desired
qualifications of the person or firm undertaking the scope of work
and the criteria which is to be utilized in the selection of the responsible
low bid firm.
That person, partnership, corporation or other company, business
entity or association which is determined to have offered the most
comprehensive and responsible proposal for the lowest competitive
and reasonable quotation deemed to be in the best interest of the
Town of Cumberland.
The Town of Cumberland, Rhode Island.
The duly elected and acting elective governing body of the
Town of Cumberland, Rhode Island pursuant to the Cumberland Home Rule
Charter and the electoral laws of the State of Rhode Island and Providence
Plantations.
[Ord. No. 97-42, § 3, 2-4-1998]
It is the stated policy of the Town that the selection of professional
services is to be based upon the recommendations of the professional
services selection committee. Selection shall be based upon rules,
policies and procedures established hereinbelow.
[Ord. No. 97-42, § 4, 2-4-1998]
The purpose of the professional services selection committee
(PSSC) is to subject the award of contracts for professional services
to an objective review process. This process is specifically intended
to avoid perceived or actual improper relationships with professional
service providers to the Town and avoid the opportunity for noncompetitive
contract awards. In addition it is the intent to prevent the award
of multiple contracts to one bidder each under the amount of $5,000,
but which, in the aggregate exceed $5,000.
It is the specific intent of the Town Council to identify as
broad a pool of qualified professional service providers as feasible
in order to establish a base of expertise. Another objective of this
article is to enhance the competitive selection process by development
of a pre-established listing of qualified personnel who will submit
competitive bids on a project specific basis.
[Ord. No. 97-42, § 5, 2-4-1998]
There is hereby established a professional service selection
committee which shall consist of the director of public works, the
purchasing agent, the Director of Planning and Community Development
and a representative of the department, agency or commission for which
services are being selected if not already represented by virtue of
the three initial appointments thereto.
[Ord. No. 97-42, § 6, 2-4-1998]
The following departments and employees shall be involved in
the professional service selection process as follows:
(1)
Department, agency, commission. The department, agency, commission
or other municipal entity seeking professional services for any municipal
function shall be responsible for the development of a written request
for professional services-scope of services which will delineate the
services desired, the timeframe for the provision of such services
and the evaluation factors to be used in the review of the proposals
to be submitted.
(2)
Purchasing agent. It shall be the responsibility of the purchasing
agent to publish notice of the availability of professional service
contracts in newspapers and trade journals as appropriate. It shall
also be the responsibility of the purchasing agent to distribute copies
of the written requests for proposals to vendors who request such
copies and/or to vendors who to the best of his/her knowledge have
provided similar services to the Town and/or who are to the best of
his/her knowledge recognized in the professional services field for
which proposals are being sought. A copy of the request for proposals
package shall be submitted to the Mayor and the Town Council president.
It shall be the responsibility of the purchasing agent to receive
proposals from submitting firms and to publicly open proposals received
and to publish a certificate of bid/proposal opening which shall contain
the names and addresses of firms submitting proposals, the suggested
fee of each proposal and a listing of persons attending such bid/proposal
opening. Such information shall be a public document.
When the cost of professional services are estimated to be less
than $5,000 and the disclosure of the solicitation of such services
is determined to be injurious to the best interest of the Town, the
professional service selection committee may authorize the solicitation
by unadvertised written invitation provided; however, that at least
three qualified firms shall be invited to submit proposals. Examples
of such exemptions shall include, but not be limited to, solicitations
for real estate appraisal services when the public knowledge of such
solicitation may compromise the public interest.
(3)
Professional service firms. Firms shall submit no less than six copies
of their response to requests for proposals to the office of the purchasing
agent no later than the time and date noted in the request for proposals.
Such responses shall contain at minimum the following information:
a.
Executive summary. This portion of the response should include an
overview of the firm submitting the proposal and highlighting the
firm's approach to meeting the needs of the Town for such professional
services.
b.
Relevant experience. This portion of the response should include
a listing other relevant projects that the professional service firm
has accomplished with similar concepts to the project(s) being considered.
c.
Project approach. This portion shall include a general synopsis of
the professional service firm's suggested approach to the project.
d.
Workload. This section should contain a list of all major projects
the professional services firm has contracted to perform in order
to demonstrate the firm's ability to perform in a timely manner. Special
mention shall be made to all projects being performed for the Town.
e.
Scheduling and personnel. This section shall include an appropriate
timeframe of interim submissions for the project, which is under consideration
not including turn-around time for the appropriate reviews. Also included
should be the name, title and approximate percentage of employee's
time to be dedicated to work on the products to result from the professional
service contact.
f.
Resumes. This section shall include a complete, up-to-date, resume
for each and every professional employee assigned to the project.
This section should also include this information on all subcontractors
utilized by the lead firm on the project. If subcontractors are not
utilized at the time of initial submission but are at a later date,
the Town reserves the right to reject such subcontractors for reasonable
cause such as previous non-performance as either prime contractors
or subcontractors.
g.
Supplemental information. Any other information that the Town deems
necessary to properly evaluate each professional service firm under
consideration relevant to the proposed project.
(4)
Selection committee. The professional services selection committee
shall be responsible for the following:
a.
Receiving copies of the proposals submitted to individually review
and evaluate in accordance with a standard and predetermined set of
objective evaluation criteria.
b.
Meeting to review the technical merits of the submitted proposals
and prepare a "short list" of professional services firms that shall
be requested to submit further information if appropriate, and/or
to be interviewed by the professional services selection committee.
The professional services selection committee shall attempt to ensure
that a minimum of three professional service firms are interviewed
for each project.
Meeting to discuss the proposals received; interview the firms
that have been "short listed" and submit recommendations to the Mayor
and/or Town Council. [Attachment A — so-called "Purchase
Advice" form can be found with the Town Clerk].
The recommendation of the professional services selection committee
shall be in writing and contain at minimum the following:
i.
A list of the firms submitted and their quotations (the certificate
of bid/proposal opening).
ii.
A copy of the newspaper and other advertisements published which
solicited proposals.
iii.
An explanation of the rationale for recommending the professional
services firm being proposed for contracting when the recommended
firm is not the low bid firm.
iv.
The recommendation of the professional services selection committee
shall be forwarded to the Mayor for action or referral to the Town
Council based upon the criteria established hereinbelow.
(5)
Mayor. Based upon the recommendation of the professional services
selection committee, the Mayor shall act as follows, utilizing the
purchase advice form:
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For contractor over $5,000.
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Approve the award of the professional services contract to the
selected firm and submit a resolution to the Town Council recommending
the legislative approval and authorization of professional services
contract by and between the Town and the professional services firm.
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Reject the recommendation and instruct the committee to seek
alternate proposals.
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[Ord. No. 97-42, § 7, 2-4-1998]
In the conduct of its determinations; the selection of the recommended
firm and in rendering its recommendation, the professional services
selection committee shall adhere to the following rules, policies
and procedures:
A.
The director of public works shall be chairperson of the professional
services selection committee. The purchasing agent shall be vice-chairperson
of the committee. The chairperson shall set the agenda for each meeting
of the committee.
B.
The chairman may, when he/she believes it is necessary or prudent
supplement the information available to the selection committee by
the involvement of other municipal employees or others who have appropriate
expertise, an interest in, or a contribution to make to the selection
process.
C.
The record and recommendation of the selection committee shall be
public record.
D.
In evaluating the submitted proposals, the following factors shall
be considered for the purpose of evaluation, but not in this order
of importance:
1.
Staff qualifications of the professional services firms presenting
proposals.
2.
Previous experience of the firm and the proposed employees who will
serve on the project.
3.
Previous similar projects with the firm for the Town and the resultant
experience therefrom.
4.
Current workload of the professional services firm and his/her ability
to meet the requirements of the in a timely and efficient manner.
5.
Past performance in terms of quality of work and the timeliness of
accomplishment.
6.
Familiarity with the standards, content, personnel and procedures
of the Town.
7.
The overall cost of services and the cost effectiveness of the proposal.
8.
Other relevant factors that would have an affect on the professional
services firms ability to satisfactorily complete the work within
the stipulated time period.
9.
The possession of licenses or permits to undertake the type of work
for which the contract for services is being proposed.
10.
A certificate of good standing with the office of the secretary of
state's division of corporation.
11.
If a Cumberland based firm, the payment of all financial liabilities
to the Town such as licenses, real estate and property taxes, etc.
F.
The final recommendations of the professional services selection
committee shall be made to the Mayor in writing and shall be duly
signed by the chairman of the selection committee and the purchasing
agent utilizing the "purchase advice" form and any supplemental information
deemed appropriate.
[Ord. No. 97-42, § 8, 2-4-1998]
Amendments to professional service contracts shall be in writing
and shall be handled in the same said manner as the original contract
with reference to approvals thereof. Any contract not requiring approval
by the Town Council may be amended to an increase not-to-exceed 20%
of the original contract amount. Amendments to contracts originally
requiring approval by the Town Council may only be approved by resolution
of the Town Council; provided, however, that amendments of less than
$3,000 and/or 10% of the original contract amount may be approved
by the Mayor without Council approval; provided, further however,
that the purchasing agent shall notify the Town Council of such amendment
in writing at their next regularly scheduled meeting. Notwithstanding
any of the other provisions of this article, no professional service
contract may be amended more than once without the approval of the
Town Council by resolution.
