[R.O. 2008 § 135.310]
The City does adopt and establish a policy and procedure for the selection and procurement of professional services in accordance with the following provisions.
[R.O. 2008 § 135.320]
A.
The City Administrator is hereby directed to implement the provisions of the policy set forth herein.
B.
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 Pevely.
[R.O. 2008 § 135.330]
As used in this Article, the following terms shall have the meanings ascribed to them:
Those services within the scope of practice of architecture as defined by the laws of the State of Missouri, Section 327.091, RSMo.
The governing Board of the City of Pevely.
The City of Pevely.
Those services within the scope of practice of engineering as defined by the laws of the State of Missouri, Section 327.181, RSMo.
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.
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.
The repair, but not replacement, of existing facilities when the size, type or extent of the existing facilities is not thereby changed or increased.
The highest elected official of the City of Pevely.
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.
The City department requesting the professional service and be the prime user and oversee the service.
[R.O. 2008 § 135.340]
A.
Services for projects where fees will exceed thirty thousand dollars ($30,000.00); the using department shall select at least three (3) firms to be contacted for an "Expression of Interest." After "Expressions of Interest" are received and reviewed, at least three (3) detailed proposals shall be requested. Request for "Expressions of Interest" and detailed proposals may be combined into a single request.
B.
After reviewing the detailed proposals, the City Administrator 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.
[R.O. 2008 § 135.350]
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 relation, including evidence of sensitivity to citizen concerns.
5.
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 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.
[R.O. 2008 § 135.360]
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 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 there is a failing of accord with the second 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 re-evaluate the professional services, including scope and fee requirements, and proceed in accordance with this policy.
[R.O. 2008 § 135.370]
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.
[R.O. 2008 § 135.380]
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 therefor.
B.
The Board of Aldermen in its sole and absolute discretion may waive any and all aforementioned procedural requirements.