[CC 1979 §2-241; Ord. No. 1214 §1, 4-17-1984]
As used in this Article, the following words shall have the
meanings set out herein:
A firm designated by the City Council to act as City Engineer
under contract with said City subject to other provisions of this
policy.
Any individual, firm, partnership, corporation, association
or other legal entity permitted by law to practice architecture, engineering,
or land surveying in the State of Missouri.
Services within the scope of practice of architecture, engineering,
or land surveying, as defined by the laws of the State of Missouri,
or those performed by any architect, professional engineer, or registered
land surveyor in connection with his/her professional employment for
practice.
[CC 1979 §2-242; Ord. No. 1214 §6, 4-17-1984]
A.
Projects
will be divided into two (2) classes as follows:
1.
Class A. Services for projects where the estimated
professional services cost is less than five thousand dollars ($5,000.00).
At the discretion of the City Manager, all projects with an estimated
professional services fee of under five thousand dollars ($5,000.00)
may be performed by the City Engineer.
2.
Class B. Services for projects where estimated
professional services cost exceed five thousand dollars ($5,000.00).
The City Council will act as a screening and selection committee to
appoint a firm and develop an appropriate contract for the City for
said services. The firm selected may or may not be the City Engineer
but shall be determined on the basis of the provisions set forth in
this policy for the hiring of a firm.
[CC 1979 §2-243; Ord. No. 1214 §2, 4-17-1984]
A.
The
City will maintain a roster, classified by category of professional
service, of qualified firms interested in performing professional
services for the City. Names of firms may be placed on the roster
upon the request of the City Council; or when recommended by the City
staff.
B.
Each
firm meeting the minimum qualifications shall be deemed to be a qualified
firm meeting the qualifications of the City:
1.
Duly authorized to conduct business in the State of Missouri.
2.
Professional registration by the State of Missouri.
3.
At least one (1) full-time staff professional assigned to each project.
Adequacy of personnel will be determined on a contract by contract
basis against the City's estimate of manpower required to perform
the work in the desired time frame.
[CC 1979 §2-244; Ord. No. 1214 §3, 4-17-1984]
A.
Each
person or firm listed on the roster shall be responsible for maintaining
a current resume describing their qualifications and experience with
the City office.
B.
Data
which shall be included is as follows:
1.
Firm name, address, telephone numbers.
2.
Year established and former firm names.
3.
Types of services for which it is qualified.
4.
Names of principals of the firm and states in which they are registered.
5.
Names of full-time key personnel, with experience of each and length
of time in the organization.
6.
Number of full-time staff available for assignment.
7.
Outside consultants and associates, usually retained.
8.
List of completed projects on which the firm was principal engineer.
9.
Current projects under way and estimated cost of each.
10.
Data gathering methods (if appropriate).
11.
Evaluation techniques (if appropriate).
[CC 1979 §2-245; Ord. No. 1214 §4, 4-17-1984]
A.
The
City may, at its sole discretion, appoint a firm to act in the capacity
of City Engineer. The City Engineer shall be appointed on the basis
of the following:
1.
Qualifications and experience in the type of engineering projects
commonly encountered by City Departments.
2.
The number and type of staff which would be available to the City
upon request for engineering services.
3.
Past performance on City projects.
4.
The firm's geographic location in relation to the City.
B.
The
City Council may appoint the City Engineer to serve the City under
an annual contract. The contract with the City Engineer shall specifically
delineate the scope of services to be performed and a schedule of
hourly charges for performing professional services. The scope of
services may be extended or expanded to suit the needs of the City.
The City Engineer shall agree to provide error/omission and liability
insurance coverage, naming the City as co-insured. The limits on said
coverage shall not be less than one million dollars ($1,000,000.00).
[CC 1979 §2-246; Ord. No. 1214 §7, 4-17-1984]
A.
Project Initiation. When an official of the City identifies
a project for which professional services will be necessary, when
said project has an estimated professional services cost of less than
five thousand dollars ($5,000.00) the City Manager may authorize the
work to be performed by the City Engineer. When an official of the
City identifies a project for which professional services cost are
in excess of five thousand dollars ($5,000.00), the City Manager will
draft a scope of service for the specific project. This scope of services
will then be submitted to the City Council to act as a screening and
selection committee for the retention of professional services. When
in the judgement of the City Council it is best to re-employ a firm
to complete or provide on-going services for a phased or segmented
project, such a contract may be negotiated with the firm presently
under contract.
B.
Expressions of Interest. Should none of the above apply,
the City may contact those firms on the roster for a written expression
of interest in a specific project. Requests should invite comment
as to the special experience in the project being considered, describe
previous experience with similar projects, and the availability of
the firm to provide required services within any time limitation.
C.
Initial Screening and Requests for Proposals. Expressions
of interest will then be presented to the City Council for initial
screening. Factors to be determined in the initial screening are to
include:
1.
Specialized experience in the type of work required.
2.
Record of the firm in accomplishing work on similar projects satisfactorily
and within the required time frame.
3.
Quality of work previously performed by the firm for the City.
4.
Recent experience showing accuracy of cost estimates.
5.
Community relations including evidence of sensitivity to citizen
concerns.
6.
Geographic location of the principal offices of the firm.
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The City Council may designate up to three (3) firms who will
then be requested to present detailed proposals on the project.
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D.
Detailed Proposals. Each firm submitting detailed proposals
will be asked to provide a resume of its proposed project supervisor;
the name of the principal who will be responsible for the work; the
amount of work presently underway; the ability of the firm to meet
required time schedules; and a description of how the project would
be conducted as well as other facts they wish to present in favor
of its firm. A contract form will be provided by each firm to provide
a detailed proposal so that the City and the firm can be fully informed
of the parameters of the proposed subject and general City contracting
policies. A contract form will be prepared by the firm and reviewed
by the City Manager and the City Attorney.
E.
Interview and Selection. Upon receipt of the detailed proposals,
the City Council will interview the prospective firms and make the
final selection as to the firm for the project.
F.
Contract Negotiations. The selected firm will then be requested
to come in for a final conference with the City Council to define
precisely the scope of service to be provided and to submit a proposal
covering the compensation requirements for the work. A fee is then
negotiated for the project, which is fair and reasonable. A contract
is prepared and submitted to the City Attorney for review, and then
submitted to the City Manager for presentation to the City Council
for approval. If, after reasonable effort a contract cannot be negotiated,
the negotiations with the designated firm shall be terminated, and
negotiations shall be started with the next firm recommended.
[CC 1979 §2-247; Ord. No. 1214 §5, 4-17-1984]
A.
The
City may, at its sole discretion, extend, renew or employ a firm who
has previously been retained and has a satisfactory performance record
to continue providing professional services for related areas of a
specific project.
B.
Such
a professional contract may be offered in the following cases:
1.
To ensure continuity by retaining the same professional firm in all
phases of an ongoing phased or segmented project.
2.
To insure compatibility of extensions or additions to existing structures
or facilities by retaining the original design professional.
3.
To implement proposals or elements presented by preliminary studies
performed by design professionals.
4.
To provide continuity of services which will enhance a project and
which will be in the best interest of the City.
[CC 1979 §2-248; Ord. No. 1214 §8, 4-17-1984]
A.
Each
contract entered into 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 is
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 a person, company, corporation, 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 our resolving from the
award of making this agreement."
B.
For
the breach or violation of the foregoing provision the City 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.
[CC 1979 §2-249; Ord. No. 1214 §9, 4-17-1984]
The City in its whole and absolute discretion may waive any
and all aforementioned procedural requirements.
