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)