[Ord. No. 10376, 12-15-2016]
The City does adopt and establish a policy and procedure for
the selection and procurement of professional services, including
architectural, engineering and land surveying, in accordance with
the following provisions.
[Ord. No. 10376, 12-15-2016]
The Director of Procurement is hereby directed to implement
the provisions of the policy and have the authority and responsibility
to fully manage and direct all using agencies and procurement staff
in the procurement process set forth herein.
[Ord. No. 10376, 12-15-2016]
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 Kirkwood.
[Ord. No. 10376, 12-15-2016]
As used in this article, the following terms shall have the
meanings indicated:
Those services within the scope of the practice of architecture
as defined by the laws of the State of Missouri.
The City of Kirkwood.
The Mayor and Council of the City of Kirkwood.
Those services within the scope of the practice of engineering
as defined by the laws of the State of Missouri.
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 to provide said services.
Those services within the scope of the practice of land surveying
services as defined by the laws of the State of Missouri.
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 as determined
by the Director of Procurement.
A negotiated procurement process for selection of architectural,
engineering and land surveying services on the basis of demonstrated
competence and qualifications for the type of services required.
At least three qualified individuals selected by the Director
of Procurement and approved by the Chief Administrative Officer, including
the head of the using agency, and the Director of Procurement. The
Director of Procurement 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 Director of Procurement who may establish procedural
rules so long as they are not inconsistent with this article or state
law.
[Ord. No. 10376, 12-15-2016]
Present provisions of law notwithstanding, in the procurement
of architectural, engineering or land surveying services, the Director
of Procurement shall encourage firms engaged in the lawful practice
of their professions to submit qualifications and performance data
to the Director of Procurement. Whenever a project requiring architectural,
engineering or land surveying services is proposed for the City, the
Director of Procurement along with the approved Selection Committee
shall evaluate statements of qualifications and performance data of
firms submitted regarding the proposed project. In evaluating the
qualifications of each firm, the following criteria shall be used:
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(1)
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The specialized experience and technical competence of the firm
with respect to the type of services required;
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(2)
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The capacity and capability of the firm to perform the work
in question, including specialized services, within the time limitations
fixed for the completion of the project;
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(3)
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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;
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(4)
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The firm's proximity to and familiarity with the area in which
the project is located.
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The Director of Procurement will chair the Selection Committee
and solicit a proposal from the recommended most qualified firm or
firms to perform these services. Recommendation and selection will
be based on the qualifications of the firms. Council has the right
to approve or reject the recommendation.
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Upon successful evaluation of the firms in correlation to the proposed project, the City will proceed with evaluation as defined in § 2-485, Classes of services for architectural, engineering, land surveying, and other professional services. The designation and use of qualifications based selection will supplement and satisfy the requirements for the number of firms and proposals required under Class A and Class B Professional Services.
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[Ord. No. 10376, 12-15-2016]
Projects will be divided into three classes as follows:
(a)
Class A. Professional services for projects where fees have an estimated
value of more than $15,000. The Director of Procurement will select
at least three firms, wherever possible, to be contacted for an "expression
of interest." After expressions of interest are received and reviewed,
at least three 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 Chief Administrative Officer through
the Director of Procurement. The Chief Administrative Officer shall
present the recommendation to the City Council for approval or rejection
of the proposal.
(b)
Class B. Professional Services for projects where fees have an estimated
value of $15,000 or less, but more than $5,000. Three written proposals
are required, wherever possible. The three written proposals may be
solicited by mail or by electronic means. After reviewing the detailed
proposals, the Selection Committee shall make a recommendation to
the Chief Administrative Officer through the Director of Procurement
for approval or rejection of the proposal.
(c)
Class C. Professional Services for projects where fees have an estimated
value of $5,000 or less may be made by the Director of Procurement
upon recommendation of the head of the using agency without soliciting
competitive proposals.
[Ord. No. 10376, 12-15-2016]
(a)
Expressions of interest, Class A and B professional services. For
Class A and B services, the Director of Procurement shall solicit
proposals from qualified firms approved by the Selection Committee.
The request should invite comments as to their special experience
in the project being considered and describe previous experience with
similar projects. The expressions of interest will be reviewed by
the using agency requesting the services. Factors to be determined
in the initial screening will include:
(1)
The specialized experience and technical competence with respect
to the type of services required.
(2)
The capacity and capability of the firm to perform the work
in question, including specialized services, within the time limitations
fixed for the completion of the project.
(3)
The past record of performance of the firm with respect to such
factors as control of cost, quality of services, and ability to meet
schedules.
(4)
The firm's 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 agency. 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 performed or currently performing for City.
(8)
Description of resources.
(9)
Proposed cost.
[Ord. No. 10376, 12-15-2016]
Upon receipt of the detailed proposals for Class A or B Professional
Services, the Selection Committee will review the proposals; interview
the prospective firms, if necessary; and make a recommendation of
three firms, best qualified and capable of performing the desired
work.
The Director of Procurement with the using agency shall negotiate
a contract with the 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 firm. If a satisfactory
contract cannot be negotiated with the second firm, negotiations with
that firm shall be terminated with the approval of the Selection Committee.
Negotiations may then begin with the third firm. If there is a failing
of accord with the third firm, negotiations with such firm may be
terminated with the approval of the Selection Committee.
If an agreement cannot be negotiated with the three selected
firms, the Director of Procurement and using agency shall reevaluate
the professional services, including scope and fee requirements, and
proceed in accordance with this policy.
[Ord. No. 10376, 12-15-2016]
All professional services, including architectural, engineering
and land surveying will require a professional services agreement
and purchase order, if applicable, through the Director of Procurement.
[Ord. No. 10376, 12-15-2016]
(a)
Each contract entered into by the City Council for professional services
shall contain a prohibition against contingent fees as follows:
Firm warrants that they have not employed or retained any company
or person, other than a bona fide employee working solely for Firm
to solicit or secure 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. 10376, 12-15-2016]
(a)
The requirement of competitive proposals for other professional services
may be waived when the Director of Procurement has determined in writing
that there is only a single feasible source for the services. In the
event it is determined that other feasible sources exist, the Director
of Procurement shall rescind the waiver and proceed to procure the
services through the competitive processes as described in this article.
(b)
The City Council in its sole and absolute discretion may waive any
and all aforementioned procedural requirements.
