This chapter shall establish the selection procedures for the development of lists of qualified firms for architectural, engineering, environmental, land surveying and construction project management services, in conformance with California Government Code Section 4525 et seq.
(Ord. 1524 § 1, 1991)
For purposes of this chapter, the following definitions shall apply:
"Director"
shall mean the respective department head who has the primary administrative responsibility for a particular project.
"Local firm"
shall mean an architectural, engineering, environmental, land surveying or construction management service firm which has a professional office in the city and which has a current city business license.
(Ord. 1524 § 1, 1991; Ord. 1536 § 1, 1992)
A. 
Each director shall encourage firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data.
B. 
Each director shall each January mail a notice to all local firms who are not already on the lists as set forth in this chapter informing such firms of the existence of this chapter and encouraging such firms to request to be placed on the lists.
C. 
Each director shall each January review the lists as set forth in this chapter to determine if local firms are unrepresented or under-represented on such lists. If local firms are determined to be unrepresented or under-represented, then the director shall actively solicit local firms to be placed on the lists.
D. 
A statement of qualifications and performance data includes, but is not limited to:
1. 
Firm name, office location, principals and organization size.
2. 
Qualifications of key personnel likely to be assigned to the work including names, resumes, responsibilities and examples of similar work.
3. 
Availability of key personnel to complete the project within time required.
4. 
Areas of special expertise related to the work.
5. 
List of references, previous clients and similar projects.
6. 
Statement that the city standard consultant agreement has been read, that the firm has or can meet the requisite insurance requirements, and that the firm, if selected, will enter into such agreement.
(Ord. 1524 § 1, 1991; Ord. 1536 § 1, 1992)
When the director determines that a particular project requires professional services, the director shall make such announcement through publications of the respective professional societies. For example, should the director determine that a city project will need engineering services, such announcement would be made to the California Council of Civil Engineers and Land Surveyors.
(Ord. 1524 § 1, 1991)
A. 
Any firm not already on the city's list of qualified firms may submit a statement of qualifications and performance data for a particular project. Such statement shall contain the information set forth in Section 2.48.030(D).
B. 
The director shall evaluate current statements of qualifications on file with the city, together with those that may be submitted by other firms regarding the proposed project.
C. 
The director shall conduct discussions with no less than three firms (if three qualify) regarding the proposed services to be rendered. These discussions shall include, but not be limited to, experience, staffing, approach, estimate of hours for the work to be performed, coordination, work schedule and the name and experience of any subconsultants to be used. The director may use other city employees or use others who have knowledge with respect to the profession in conducting the discussions.
D. 
The director shall select the firm deemed to be the most qualified.
E. 
Notwithstanding the provisions of subsection C, for projects, the fees for which are determined to be $20,000.00 or less, and/or which in the director's opinion are considered routine in nature, the director may use a rotating system of firms and select the firm next in order to be the most qualified. Furthermore, where the director determines that it is in the best interests of the city to do so, and the city attorney and director of finance concur, the director may need not comport with subsection C, and instead may proceed to contract with the most qualified firm.
(Ord. 1524 § 1, 1991; Ord. 1536 § 1, 1992; Ord. 2093 § 1, 2014)
A. 
The director shall negotiate a contract with the most qualified firm.
B. 
For purposes of negotiation, the firm shall prepare a scope of work and a fee proposal to include, but not be limited to, the following: schedule of work; names of principals to perform tasks; names of subconsultants; type of fee; actual amount of fee; allowance for expenses; and method and timing of payments.
C. 
The actual fee to be paid will be governed by the complexity of the project, time schedule, types of services needed and shall be a fair and reasonable amount for the city.
D. 
In the event that agreement on the scope of work or the amount of fee cannot be reached with the first firm selected, all negotiations shall be terminated and the director shall undertake negotiations with the second most qualified firm as provided herein. Failing accord with the second most qualified firm, the director shall undertake negotiations with the third most qualified firm.
E. 
Should the director be unable to negotiate a satisfactory contract with any of the selected firms, the director shall select additional firms in order of their competence and qualifications and continue negotiations in accordance with this chapter until an agreement is reached.
F. 
Should a firm be selected as provided in Section 2.48.050(E), and should the director be unable to negotiate a satisfactory contract, the director shall select the firm next in order on the list, and so on, until an agreement is reached.
(Ord. 1524 § 1, 1991; Ord. 1536 § 1, 1992)
A. 
When the director reaches accord with a firm as provided in Section 2.48.060, a contract for professional services shall be awarded as provided in this section.
B. 
If the amount of the proposed contract is $20,000.00 or more, the contract shall be awarded only after city council authorization.
C. 
If the amount of the contract is less than $20,000.00, the city manager is authorized to award the contract.
(Ord. 1524 § 1, 1991)
The director may, at the director's discretion, convene at any time a review board when the project or type of services requires a particular expertise. The board shall consist of the director or the director's designee, the department's employee responsible for the project and any other qualified professionals, not employed by the city.
(Ord. 1524 § 1, 1991)
A. 
These procedures specifically prohibit practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful considerations. City and other government agency employees participating in the selection process shall not have a relationship with any person, firm or business entity seeking a professional contract.
B. 
Where determined appropriate by the city attorney, the following shall be included as a part of the standard consultant agreement:
The consultant states that the consultant is not currently employed by the project applicant or affected property owner to provide consultant services for this or any other project of said applicant or affected property owner and will not accept any employment from said parties until such time as the city takes final action on the project application. The consultant further understands that failure to comply with this provision will result in the termination of this agreement and disqualification from future consideration for other agreements for a period of two years.
(Ord. 1524 § 1, 1991)