[R.O. 2011 § 145.220; R.O. 2009
§ 40.40; CC 1981 § 2-503; Ord. No. 87-151, 7-23-1987]
For the purpose of procuring professional
services, any department, board or commission of the City requiring
such services shall procure them in accordance with the procedures
specified in this Article. For the purposes of this Article "professional
services" shall be considered to be those services which involve extended
analysis, the exercise of discretion and independent judgment in their
performance and an advanced, specialized type of knowledge, expertise
or training customarily acquired either by a prolonged course of study
or equivalent experience in the field.
[R.O. 2011 § 145.230; R.O. 2009
§ 40.41; CC 1981 § 2-504(a); Ord. No. 87-151, 7-23-1987; Ord. No. 88-4, 1-8-1988; Ord. No. 88-125, 8-2-1988; Ord. No. 90-186, 7-18-1990; Ord.
No. 95-40, 2-16-1995; Ord. No. 20-080, 6-16-2020]
Whenever any department, board or
commission requires professional services to perform work on a project
or series of related or similar projects and the exact type or amount
of work to be performed to complete such work is not capable of ready
determination, the head or director of such department, board or commission,
in cooperation with the City Purchasing Division, shall draft a request
for proposals for the project or projects. The request for proposals
shall describe the services required, shall list the types of information
and data required of each offeror and shall state the relative importance
of particular qualifications and other factors.
[R.O. 2011 § 145.240; R.O. 2009
§ 40.42; CC 1981 § 2-504(b); Ord. No. 87-151, 7-23-1987; Ord. No. 88-4, 1-8-1988; Ord. No. 88-125, 8-2-1988; Ord. No. 90-186, 7-18-1990; Ord.
No. 95-40, 2-16-1995; Ord. No. 96-341, 12-2-1996; Ord. No. 01-278, 11-30-2001; Ord. No. 04-16, 2-3-2004; Ord. No. 05-47, 2-1-2005; Ord.
No. 07-159, 6-11-2007; Ord. No. 07-162, 6-11-2007; Ord. No. 07-280, 11-7-2007; Ord. No. 08-09, 1-14-2008; Ord. No. 15-024 § 1, 2-3-2015; Ord.
No. 20-080, 6-16-2020]
A.
Architectural, Engineering And Land Surveying
Services. If the services to be performed are architectural, engineering
or land surveying services, then the following procedure shall be
followed:
1.
Prequalification And Prequalified Roster. Each firm that desires to perform services shall submit a prequalification packet to the Department of Engineering or Purchasing Division that identifies the disciplines for which prequalification is requested, demonstrates the areas of professional expertise, and includes all of the information listed in Subsection (A)(2) below. Each firm shall update its prequalification packet at least once every three (3) years or any time the firm desires to update its qualifications or request consideration for prequalification in a new discipline. Firms that prequalify shall be placed on a prequalified roster.
2.
Each firm shall submit the following
documentation with its prequalification packet:
a.
Proof the firm is duly authorized
to conduct business in the State of Missouri in the applicable profession;
b.
Proof that at least one (1) member
of the firm possesses professional registration issued by the State
of Missouri in the applicable profession;
c.
Proof of current business license
with the City of Saint Charles;
d.
Provide a statement of intent to
assign at least one (1) staff professional to each project awarded;
and
e.
Supporting qualification information
demonstrating expertise in each discipline of desired prequalification
through:
(1)
The specialized experience
and technical competence of the firm and its employees with respect
to various disciplines;
(2)
Quality of work previously
performed by the firm for the City;
(3)
Record of the firm accomplishing
work on other projects in the required time;
(4)
Recent experience showing
accuracy of construction project cost estimates;
(5)
The firm's approach
to project management to assure on-time, on-budget, and properly scoped
projects;
(6)
The firm's approach
to quality assurance and quality control of projects;
(7)
Community relations
approach, including evidence of sensitivity to citizen concerns; and
(8)
Headquarters and main
office location of the firm.
3.
Expression Of Interest (EOI). Thereafter,
when a project requires architectural, engineering or land surveying
services, all firms on the prequalified roster shall be contacted
and requested to submit a written expression of interest (EOI) in
the project. A firm submitting an EOI is subject to selection based
on the firm's prequalification packet and an EOI response letter,
consisting of no more than two (2) pages, to describe why the firm
is interested in the project, and why the firm is qualified to complete
the project.
4.
Request For Qualifications Based
Proposal (RFP). The Department of Engineering or Purchasing Division
requiring the service shall select the three (3) most qualified firms
that submitted an EOI based on the firm's prequalification packet
and shall issue a request for proposal (RFP) to each firm. Each firm's
proposal shall include a technical project approach, community relations
approach including evidence of sensitivity to citizen concerns, a
work breakdown structure with estimated hours, and a firm workload
report that demonstrates capability and capacity to perform the requested
services. If the firm has an office in the City, then provide the
office address and list of all full-time employees currently staffed
in the office.
5.
Local Office Requirements.
a.
To qualify as a local office, the
following criteria shall be met:
(1)
Office shall be located within the City of Saint Charles municipal
boundaries.
(2)
Firm shall have a current business license from the City with
the local office listed on the license.
(3)
Office shall be staffed with a minimum of one (1) full-time
employee during all operating business hours. The City may visit local
office at any time to verify office staffing.
(4)
No home offices are permitted. A home office shall be defined
as a spaced designated in a person's residence.
b.
Falsification of the number of full-time
employees assigned to a local office shall be cause for disbarment
of the firm.
6.
RFP Evaluation And Selection. Each
firm's RFP submitted by the requested deadline will be evaluated by
a review panel of at least three (3) City employees. The evaluation
will be based on the criteria listed in the RFP request. The scoring
of the local office category will depend on the information submitted
by the short-listed firms. If more than one (1) firm submitting an
RFP has a local office, then the firm with the most employees staffed
at the local office will receive the most points in the local office
scoring category. After all the RFPs have been evaluated, the RFP
scores are combined with the previous scores during the prequalification/EOI
selection. The firm receiving the highest total score from the review
panel will be the most qualified firm and selected to begin scope
and fee negotiations.
7.
Negotiations.
a.
The Department of Engineering or
Purchasing Division and the highest ranked and preferred firm shall
negotiate a professional services contract that includes a detailed
scope of services to be provided and the compensation for those services.
b.
If, after reasonable efforts, the
City determines that it is unable to negotiate a satisfactory professional
services contract with the highest ranked and preferred firm, then
negotiations with that firm shall be terminated. The City shall then
undertake negotiations with another of the qualified firms selected.
If there is a failing of accord with the Federal firm, then negotiations
with such firm shall be terminated. The City shall then undertake
negotiations with the third firm.
c.
If the City is unable to negotiate
a contract with any of the selected firms, the City shall re-evaluate
the necessary architectural, engineering or land surveying services,
including the scope and reasonable fee requirements, again compile
a list of qualified firms and proceed in accordance with the provisions
of this Code Section.
d.
Upon completion of negotiation of
the contract, it shall be submitted to the Mayor, Council, or board
for review and award of the contract.
B.
For all other professional services, the
following steps will be taken:
1.
The Purchasing Division shall solicit
responses to the request for proposals in whatever manner is deemed
most likely to obtain the greatest number of responses from qualified
providers of the required services.
2.
Review — Selection Of Offeror.
After receiving all responses to the request for proposals, the Purchasing
Division and the head or director of the department, board or commission
requiring the service shall review each response and select the offeror
best qualified to provide or perform the service required. Selection
of the best qualified offeror shall be based upon the relative importance
of the qualifications for the project as stated in the request for
proposals.
3.
Negotiations With Offeror, Compensation
And The Like. The Purchasing Division or the department director,
board or commission requiring the services shall engage in discussions
and negotiations shall be conducted so as to determine the sufficiency
of the offeror's qualifications and to establish an amount of compensation
which is fair and reasonable. If the sufficiency of the offeror's
qualifications cannot be determined or the amount of compensation
cannot be agreed upon, then discussions and negotiations will be formally
terminated with the selected offeror. Discussions and negotiations
shall then be conducted with the other offerors in the same manner
and for the same purposes as heretofore described in the order of
their respective qualification rankings until an agreement is reached
with the then best qualified offeror for a compensation determined
to be fair and reasonable.
C.
For Architectural, Engineering and Land
Surveying Services, if the cost of the services is estimated to be
less than one hundred thousand dollars ($100,000.00) then the initial
selection process, review process and selection process shall not
apply. For all other professional services that are not architectural,
engineering or land surveying services, if the cost of the services
is estimated to be less than fifty thousand dollars ($50,000.00),
then the initial selection process, review process and selection process
shall not apply. The Purchasing Division or the head or director of
the department, board or commission requiring the service may negotiate
with a qualified provider to establish an amount that is fair and
reasonable.
[Ord. No. 24-015, 2-6-2024]
D.
Award Of Contract. The final decision to
award a contract for purchase of professional services shall be made
by the Mayor for amounts one hundred thousand dollars ($100,000.00)
or less and by the Council for amounts greater than one hundred thousand
dollars ($100,000.00). Contracts for greater than one hundred thousand
dollars ($100,000.00) shall be listed on the consent agenda and if
the contract is approved by the Council through approval of the consent
agenda, then the Mayor may award the contract. If the contract is
removed from the consent agenda, then it shall be approved or disapproved
as directed by the City Council. The Mayor may delegate the authority
to award contracts for purchase of professional services for amounts
one hundred thousand dollars ($100,000.00) or less. The Park Board
and any other board or commission which is authorized to make purchases
and contracts shall make the final decision to award its contracts
over ten thousand dollars ($10,000.00) and it may appoint someone
to award contracts for amounts ten thousand dollars ($10,000.00) or
less or may retain that power for itself.
[Ord. No. 19-100, 5-7-2019; Ord. No. 19-231, 11-5-2019]
[R.O. 2011 § 145.250; R.O. 2009
§ 40.43; CC 1981 § 2-505; Ord. No. 87-151, 7-23-1987; Ord. No. 95-40, 2-16-1995; Ord.
No. 96-341, 12-2-1996; Ord. No. 01-278, 11-30-2001; Ord. No. 04-16, 2-3-2004; Ord. No. 05-48, 2-1-2005; Ord. No. 07-162, 6-11-2007; Ord.
No. 07-280, 11-7-2007]
A.
Whenever any department, board or commission
requires professional services to perform work on a project or series
of related or similar projects and the exact type and amount of work
to be performed to complete such project or projects is capable of
ready determination, the head or director of such department, board
or commission shall, in cooperation with the City Purchasing Agent,
draft specifications for bids for the project or projects. Specifications
shall be drafted so as to ensure that the qualifications of the offeror
of the required service shall be sufficient to satisfactorily perform
the required service and to facilitate the making of bids therefrom.
B.
Purchases involving expenditures of less
than twenty-five thousand dollars ($25,000.00), the appropriation
for which has been approved as part of the annual budget, shall be
made without formal bidding, subject to the rules and regulations
prescribed by the Mayor.
[Ord. No. 24-015, 2-6-2024]
C.
For purchases of at least twenty-five thousand
dollars ($25,000.00) but less than fifty thousand dollars ($50,000.00),
the Purchasing Agent in cooperation with the appropriate department
director shall solicit at least five (5) written bids.
[Ord. No. 24-015, 2-6-2024]
D.
For purchases of fifty thousand dollars
($50,000.00) or more, the Purchasing Agent in cooperation with the
appropriate department director shall comply with the following competitive
bidding requirements:
[Ord. No. 24-015, 2-6-2024]
1.
Notice. A notice inviting bids shall
be published at least once in a newspaper of general circulation in
the City. The notice shall be published at least ten (10) days prior
to the date set for the receipt of the bids. The notice shall include
a general description of the services to be performed and the time
and place for opening bids. A notice inviting bids may also be posted
in the City Clerk's office and may also be mailed to all responsible
prospective bidders. If notices can be mailed to all prospective bidders
who are qualified to bid, the Purchasing Agent may waive publication
and send the letters in lieu of publication.
2.
Bid Forms. Each bid shall be in writing
on the form provided by the Purchasing Agent. Each bid shall be signed
by the bidder and shall contain the full name of the person or company
submitting the bid.
3.
Opening Of Bids. At the time and
place prescribed in the notice for opening bids, the Purchasing Agent
shall open all bids and publicly read each bid. All bids submitted
after the time specified in the notice shall be void and shall be
returned to the bidder.
4.
Certification Of Bids. The Purchasing
Agent shall tabulate all bids properly submitted and certify them
to the department directors, to the Mayor, to the City Council or
to the board or commission, as may be appropriate. All engineering
service bids that are received shall be placed on a spreadsheet by
the Public Works Department.
E.
The contract shall be awarded to the bidder
who submits the lowest and best bid. The lowest and best bid shall
be determined by considering the amount of the bid, the experience,
qualifications and reputation of the bidder and any previous dealing
which the bidder has had with the City. With respect to bids for engineering
services, the proper committee authorized to obtain said services
shall review and award the engineering contract. However, the award
of all other contracts shall be made by the Mayor for amounts one
hundred thousand dollars ($100,000.00) or less and by the City Council
for amounts of greater than one hundred thousand dollars ($100,000.00).
Contracts for greater than one hundred thousand dollars ($100,000.00)
shall be listed on the consent agenda and if the contract is approved
by the Council through approval of the consent agenda, then the Mayor
may award the contract. If the contract is removed from the consent
agenda, then it shall be approved or disapproved as directed by the
City Council. The Mayor may delegate the authority to award contracts
for purchase of professional services for amounts one hundred thousand
dollars ($100,000.00) or less. The Park Board or any other board or
commission which is authorized to make purchases and contracts shall
award contracts over ten thousand dollars ($10,000.00) in amount and
it may appoint someone to award contracts for amounts ten thousand
dollars ($10,000.00) or less or may retain that power for itself.
[Ord. No.
19-231, 11-5-2019]
[R.O. 2011 § 145.260; R.O. 2009
§ 40.44; CC 1981 § 2-506; Ord. No. 87-151, 7-23-1987; Ord. No. 07-162, 6-11-2007]
A.
When there is only one (1) provider ("sole-source
provider") of a particular professional service, the purchasing agent
may negotiate a tentative contract without following the bidding procedures.
B.
A provider is a sole-source provider if
the service provided is not available from any other qualified source
in the normal course of business.
C.
The Purchasing Agent shall document the
facts which make the service a sole-source purchase and shall submit
the documentation to the Mayor, City Council or board or commission
as may be appropriate.
[R.O. 2011 § 145.270; R.O. 2009
§ 40.45; CC 1981 § 2-507; Ord. No. 87-151, 7-23-1987]
A.
No purchase may exceed the amount budgeted
for that purpose unless:
1.
The Mayor transfers part or all of
an unencumbered appropriation balance from another program within
the department, office or agency;
2.
The City Council, upon request of
the Mayor, transfers part or all of an unencumbered appropriation
balance from another department, office or agency; or
3.
The City Council, upon certification
by the Mayor that there are available for appropriation revenues in
excess of those estimated in the budget, makes a supplemental appropriation
for the excess.
[R.O. 2011 § 145.280; R.O. 2009
§ 40.46; CC 1981 § 2-508; Ord. No. 87-151, 7-23-1987; Ord. No. 95-40, 2-16-1995; Ord.
No. 07-162, 6-11-2007]
A.
In the case of unexpected emergency wherein
any delay in the purchasing of a professional service would possibly
result in the interruption of or detriment to the public service,
the requirements of competitive bidding or of seeking proposals and
awarding of contracts may, upon consent of the Mayor, be waived. However,
the City Council or board or commission as may be appropriate shall
be notified of the situation at its next regular meeting.
B.
If no bids or proposals are submitted by
the deadline after requests have been properly made, then no further
formal bidding is required.
[R.O. 2011 § 145.290; R.O. 2009
§ 40.47; CC 1981 § 2-509; Ord. No. 87-151, 7-23-1987; Ord. No. 11-197 §§ 1
— 2, 10-6-2011]
A.
No contract shall be awarded to any person
or firm or an affiliated business entity of any person or firm that:
1.
Is in arrears to the City on any
taxes or debt;
2.
Is in default of any contractual
obligation to the City;
3.
Is in default as security or otherwise
of any obligation to the City; or
4.
Has been issued a citation for a
non-traffic related violation of the City Code of Ordinances and the
citation has not been adjudicated.
B.
Existence Of Affiliated Business Relationship.
1.
For purposes of this Section an affiliated
business entity relationship exists when:
2.
Factors that may be considered in
determining the existence of an affiliated business entity relationship
include that the same person or substantially the same person owns
or manages the two (2) entities, there are common or commingled funds
or assets, the business entities share the use of the same offices
or employees, or otherwise share activities, resources or personnel
on a regular basis, or there is otherwise a close working relationship
between the entities.
[R.O. 2011 § 145.300; R.O. 2009
§ 40.48; CC 1981 § 2-510; Ord. No. 90-147, 6-5-1990; Ord. No. 07-162, 6-11-2007]
A.
The following services shall be exempt
from the procurement requirements for professional services:
[R.O. 2011 § 145.310; R.O. 2009
§ 40.50; Ord. No. 04-121, 6-29-2004]
A.
DESIGN-BUILD
DESIGN-BUILD CONTRACT
DESIGN BUILDER
DESIGN CRITERIA CONSULTANT
DESIGN CRITERIA PACKAGE
PROPOSAL
REQUEST FOR PROPOSALS
As used in this Section, the following
terms mean:
A public works project for which the design and construction
services are furnished under one (1) contract.
A contract between the City and a design builder to furnish
the architecture or engineering and related design services required
for a given public works project and to furnish the labor, materials
and other construction services for the same public works project.
Any individual, partnership, joint venture, corporation or
other legal entity, including combinations of such entities, that
proposes to perform or performs a design-build contract.
A person, corporation, partnership or other legal entity
duly registered and authorized to practice architecture or professional
engineering in the State pursuant to Chapter 327, RSMo., and who is
employed by contract with the City to provide professional design
and administrative services in connection with the preparation of
the design criteria package.
Performance-oriented specifications for the public works
project sufficient to permit a design builder to prepare a response
to the City's request for proposals for a design-build project.
An offer to enter into a design-build contract.
The document by which the City solicits proposals for a design-build
contract.
C.
The City shall determine the scope and
level of detail required to permit qualified persons to submit proposals
in accordance with the request for proposals given the nature of the
public works project and the level of design to be provided.
D.
A design criteria consultant may be employed
or retained by the City to prepare the design criteria package, perform
periodic site visits, prepare progress reports, review and approve
progress and final pay applications of the design builder, review
shop drawings and submittals, decide disputes, interpret the construction
documents, perform inspections upon substantial and final completion,
assist in warranty inspections and provide all other professional
services where the City deems it in the public interest to have an
independent design professional assisting with the project administration.
E.
The City shall advertise a notice of a
request for proposals at least once in a newspaper of general circulation
in the City. The notice shall be published at least ten (10) days
prior to the date set for the receipt of the proposals and shall include
a description of the project, the procedures for submittal, the selection
criteria to be used and the time and place for opening proposals.
A notice may also be posted in the City Clerk's office and may also
be mailed to all responsible prospective design builders. If notices
can be mailed to all prospective, prequalified design builders, the
Purchasing Agent may waive publication and send the notices in lieu
of publication.
F.
Prequalification.
1.
The City shall prequalify potential
design builders for design-build projects by requesting the submission
of qualification information. Under no circumstances shall price or
fee be a part of the prequalification criteria.
2.
The City shall determine the relative
ability of each design builder to perform the services required for
each project. Determination of ability shall be based on staff training
and experience, design builder experience as a firm, location, past
contracts with the City, financial capacity, past performance and
current and projected work load. In making its determination the City
shall interview no less than three (3) design-builder firms to determine
the firms' ability to provide services and commitment to meet time
and budget requirements.
G.
A request for proposals shall be prepared
for each design-build contract containing at a minimum the following
elements:
1.
The procedures to be followed for
submitting proposals, the criteria for evaluation of proposals and
the procedures for making awards;
2.
The proposed terms and conditions
for the design-build contract;
3.
The design criteria package;
4.
A description of the drawings, specifications
or other information to be submitted with the proposal, with guidance
as to the form and level of completeness of the drawings, specifications
or other information that will be acceptable;
5.
A schedule for planned commencement
and completion of the design-build contract;
6.
Budget limits for the design-build
contract;
7.
Requirements for performance bonds,
payment bonds and insurance; and
8.
Any other information that the City
in its discretion chooses to supply, including, without limitation,
surveys, soils reports, drawings of existing structures, environmental
studies, photographs or references to public records.
H.
Proposals.
1.
Design builders who have been previously qualified by the City shall submit their proposals to the City in two (2) parts, a technical proposal and a cost proposal, according to the requirements of the request for proposals. The City shall open, review and evaluate the technical proposals prior to opening of the cost proposals and shall recommend selection of a design builder based on the combined totals as stated in this Subsection. The qualifications of the design builder and its subcontractors or consultants and any requested drawings or technical information shall be submitted separate from the cost proposal and clearly marked on the outside "Technical Proposal." Each design builder's qualifications shall be ranked in accordance with the criteria set forth in Subsection (G)(1). The cost proposal of the design builder, including the cost of all design services and construction work required to complete the project, shall be submitted separate from the technical proposal in an envelope clearly marked "Cost Proposal." Cost proposals shall be evaluated and ranked in accordance with the request for proposals.
2.
As an inducement to qualified design
professionals, the City shall pay a reasonable stipend to each prequalified,
responsive design builder who submits a qualified proposal but is
not awarded the design-build contract. Upon payment of the stipend
to an unsuccessful design-build proposer, the City shall acquire ownership
to the design submitted and the proposer shall have no further rights
thereto or liability for its use in any manner. If the design-build
proposer desires to retain all rights and interest in the design proposed,
the proposer shall forfeit the stipend.
3.
The City shall have the right to
reject any and all proposals. If all proposals are rejected, the City
may solicit new proposals using the same or different design criteria,
budget constraints and qualifications.
I.
A design builder that enters into a design-build
contract shall comply with the requirements of Chapter 327, RSMo.,
that the architectural engineering or land surveying services to be
performed under the contract are performed by:
1.
Persons who are duly licensed in
this State and who are employees of the design builder.
2.
Persons who are duly licensed in
this State and who are under contract to the design builder; or
3.
Corporations that hold current certificates
of authority from the State board for the appropriate professions
which are under contract to the design builder.
