[Ord. No. 3641, 3-20-2023]
The City does adopt and establish a policy and procedure for the selection and procurement of professional services in accordance with the following provisions. The City Administrator is hereby directed to implement the provisions of the policy set forth in this Article. The following shall be the policy and procedure for selecting architectural, engineering, land surveying services and other professional services (hereinafter referred to as professional services) for the City.
[Ord. No. 3641, 3-20-2023]
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.
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, limited liability company, 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.
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.
[Ord. No. 3641, 3-20-2023]
A. 
After reviewing the detailed proposals, the department head shall make a recommendation to the Board of Aldermen for approval or rejection of the budget proposal. The City Administrator shall have the right to accept a proposal for professional services if the proposal is equal to or under the amount budgeted for in the City's current budget. The Board has the right to approve or reject all proposals if the City's current budget does not account for the professional service requested or if the proposal is over the amount budgeted for in the City's current budget. Projects will be divided into four (4) types as follows:
1. 
Type 1. Services for projects where fees will exceed fifteen thousand dollars ($15,000.00); the using agency shall select at least five (5) firms to be contacted for an "expression of interest." After the expressions of interest are received and reviewed, at least three (3) detailed proposals shall be requested. Request for the expressions of interest and detailed proposals may be combined into a single request.
2. 
Type 2. Services for projects where fees are less than fifteen thousand dollars ($15,000.00) but more than five thousand dollars ($5,000.00); three (3) written proposals are required, when reasonable or as allowed in Section 135.270. Such written proposals may be solicited by mail or telephone. The City Administrator shall have the right to accept a proposal for professional services if the proposal is equal to or under the amount budgeted for in the City's current budget. If the proposal is unbudgeted for or for an amount over the amount budgeted for in the City's current budget, the department head 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 five thousand dollars ($5,000.00) may be made by the department head of the using agency 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 department head of the using agency without soliciting competitive proposals upon approval of the City Administrator.
[Ord. No. 3641, 3-20-2023]
A. 
Expressions Of Interest Type 1 Projects. For Type 1 service, the using agency shall solicit proposals from approved qualified firms. 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 using agency 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 firm's proximity to and familiarity with the area where the project is located.
B. 
Detailed Proposals. Firms requested to submit 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 or currently performing for City.
8. 
Description of resources.
[Ord. No. 3641, 3-20-2023]
A. 
Upon receipt of the detailed proposals for Type 1 or 2 projects, the department head 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 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 department head and City Administrator. 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 department head and City Administrator.
C. 
If an agreement cannot be negotiated with the two (2) selected firms, the using agency shall re-evaluate the professional services, including scope and fee requirements, and proceed in accordance with this policy.
[Ord. No. 3641, 3-20-2023]
A. 
Each contract entered by the City 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, limited liability company, 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. 3641, 3-20-2023]
When, in the opinion of the City Administrator, the nature of other professional services is so specialized that there is only a sole reasonable supplier of a professional service that can meet the City's needs, the City Administrator may select such firm or recommend the Board of Aldermen select such firm. An exception shall be promptly reported to the Board of Aldermen with an explanation of the reasons, therefore.