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)
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)