[Ord. No. 4303, 8-27-2020]
The City does adopt and establish a policy and procedure for
the selection and procurement of professional services in accordance
with the following provisions.
[Ord. No. 4303, 8-27-2020]
The City Administrator is hereby directed to implement the provisions
of the policy set forth herein.
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 Ste. Genevieve.
[Ord. No. 4303, 8-27-2020]
As used in this Article, the following terms shall have the
meanings ascribed to them:
ARCHITECTURAL SERVICES
Those services within the scope of practice of architecture
as defined by the laws of the State of Missouri, Section 327.091,
RSMo.
CITY
The City of Ste. Genevieve.
ENGINEERING SERVICES
Those services within the scope of practice of engineering
as defined by the laws of the State of Missouri, Section 327.181,
RSMo.
FIRM
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 provide said services.
LAND SURVEYING SERVICES
Those services within the scope of practice of land surveying
services as defined by the laws of the State of Missouri, Section
327.272, RSMo.
MAINTENANCE SERVICES
The repair, but not replacement, of existing facilities when
the size, type or extent of the existing facilities is not thereby
changed or increased.
MAYOR
The highest elected official of the City of Ste. Genevieve.
OTHER PROFESSIONAL SERVICES
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.
SELECTION COMMITTEE
At least three (3) qualified individuals appointed by the
Mayor, including the department head of the using department, and
the City Administrator who 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 City Administrator who may with the approval of the
Mayor establish procedural rules so long as they are not inconsistent
with this Article or State law.
USING DEPARTMENT
The City department requesting the professional service and
to be the prime user and oversee the service.
[Ord. No. 4303, 8-27-2020]
A. Projects will be divided into four (4) types as follows:
1.
Type 1. Services for projects where fees will exceed five thousand
dollars ($5,000.00); the using department shall select at least three
(3) firms to be contacted for an "expression of interest." After "expressions
of interest" is received and reviewed, at least three (3) detailed
proposals shall be requested. Requests 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 Board of Aldermen for approval
or rejection of the proposal. The Board has the right to approve or
reject any and all proposals.
2.
Type 2. Services for projects where fees are less than five
thousand dollars ($5,000.00) but more than three thousand dollars
($3,000.00); three (3) written proposals are required, when reasonable.
Such written proposals may be solicited by mail, email, or telephone.
After reviewing the detailed proposals, the Selection Committee then
makes a recommendation to the Board of Aldermen for approval or rejection
of the proposal.
3.
Type 3. Services for projects where fees are less than three
thousand dollars ($3,000.00) may be made by the director of the using
department without soliciting competitive proposals upon approval
of the City Administrator.
4.
Type 4. Maintenance service where the costs are less than five
thousand dollars ($5,000.00) may be made by the director of the using
department without soliciting competitive proposals upon approval
of the City Administrator.
[Ord. No. 4303, 8-27-2020]
A. Expressions Of Interest Type 1 Projects. For Type 1 service, the
using department shall solicit proposals from qualified firms approved
by the Selection Committee. The request should invite comments as
to the special experience in the project being considered and describe
previous experience with similar projects. The expressions of interest
will be reviewed by the department requesting the services. Factors
to be determined in the initial screening will include:
1.
Specialized experience and technical competence with respect
to the type of services required.
2.
Quality of services previously performed by the firm for the
City.
3.
Past record of performance with respect to cost control, quality
of services and ability to meet schedules.
4.
Community relations including evidence of sensitivity to citizen
concerns.
5.
The firms 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 department. 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 or currently performing for City.
8.
Description of resources.
[Ord. No. 4303, 8-27-2020]
A. Upon receipt of the detailed proposals for Type 1 or 2 projects,
the Selection Committee will review the proposals; interview the prospective
firms, if necessary; and make a recommendation of two (2) firms best
qualified and capable of performing the desired work.
B. The using department 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 (2nd) firm. If there is a failing of accord with the second
(2nd) firm, negotiations with such firm may be terminated with the
approval of the Selection Committee.
C. If an agreement cannot be negotiated with the two (2) selected firms,
the using department shall reevaluate the professional services, including
scope and fee requirements, and proceed in accordance with this policy.
[Ord. No. 4303, 8-27-2020]
A. Each contract entered into by the Board of Aldermen for professional
services shall contain a prohibition against contingent fees as follows:
"The architect, engineer or land surveyor (as applicable) warrants
that he/she has not employed or retained any company or person, other
than a bona fide employee working solely for the architect, engineer
or land surveyor, to solicit or secure any person, company, corporation,
individual or firm, other than a bona fide employee working solely
for the architect, engineer or land surveyor, 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 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.
[Ord. No. 4303, 8-27-2020]
A. When, in the opinion of the City Administrator, the nature of other
professional services is so specialized that there is only a sole
supplier of a professional service that can meet the City's needs,
the City Administrator may select such firm or recommend the Board
select such firm. An exception shall be promptly reported to the Board
of Aldermen with an explanation of the reasons therefore.
B. The Board of Aldermen in its sole and absolute discretion may waive
any and all aforementioned procedural requirements.