[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:
(1) | The specialized experience and technical competence of the firm 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 costs, quality of work and ability to meet schedules; |
(4) | The firm's proximity to and familiarity with the area in which the project is located. |
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. |
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. |
[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.