[Ord. No. 3641, 3-20-2023]
The City does adopt and establish a policy and procedure for
the selection and procurement of professional services in accordance
with the following provisions. The City Administrator is hereby directed
to implement the provisions of the policy set forth in this Article.
The following shall be the policy and procedure for selecting architectural,
engineering, land surveying services and other professional services
(hereinafter referred to as professional services) for the City.
[Ord. No. 3641, 3-20-2023]
As used in this Article, the following terms shall have the
meanings ascribed to them:
Those services within the scope of practice of architecture
as defined by the laws of the State of Missouri, Section 327.091,
RSMo.
Those services within the scope of practice of engineering
as defined by the laws of the State of Missouri, Section 327.181,
RSMo.
Any individual, firm, partnership, corporation, limited liability
company, association or other legal entity permitted by law to practice
the profession of architecture, engineering or land surveying or other
professional services and provide said services.
Those services within the scope of practice of land surveying
services as defined by the laws of the State of Missouri, Section
327.272, RSMo.
The repair, but not replacement, of existing facilities when
the size, type or extent of the existing facilities is not thereby
changed or increased.
Those services of a vocation requiring specialized knowledge
and intensive academic or technical training in such fields as land
appraisal, urban planning, finance, real estate, and others.
[Ord. No. 3641, 3-20-2023]
A.
After reviewing the detailed proposals, the department head shall
make a recommendation to the Board of Aldermen for approval or rejection
of the budget proposal. The City Administrator shall have the right
to accept a proposal for professional services if the proposal is
equal to or under the amount budgeted for in the City's current
budget. The Board has the right to approve or reject all proposals
if the City's current budget does not account for the professional
service requested or if the proposal is over the amount budgeted for
in the City's current budget. Projects will be divided into four
(4) types as follows:
1.
Type 1. Services for projects where fees will exceed fifteen
thousand dollars ($15,000.00); the using agency shall select at least
five (5) firms to be contacted for an "expression of interest." After
the expressions of interest are received and reviewed, at least three
(3) detailed proposals shall be requested. Request for the expressions
of interest and detailed proposals may be combined into a single request.
2.
Type 2. Services for projects where fees are less than fifteen
thousand dollars ($15,000.00) but more than five thousand dollars
($5,000.00); three (3) written proposals are required, when reasonable
or as allowed in Section 135.270. Such written proposals may be solicited
by mail or telephone. The City Administrator shall have the right
to accept a proposal for professional services if the proposal is
equal to or under the amount budgeted for in the City's current
budget. If the proposal is unbudgeted for or for an amount over the
amount budgeted for in the City's current budget, the department
head then makes a recommendation to the Board of Aldermen for approval
or rejection of the proposal.
3.
Type 3. Services for projects where fees are less than five
thousand dollars ($5,000.00) may be made by the department head of
the using agency without soliciting competitive proposals upon approval
of the City Administrator.
4.
Type 4. Maintenance service where the costs are less than five
thousand dollars ($5,000.00) may be made by the department head of
the using agency without soliciting competitive proposals upon approval
of the City Administrator.
[Ord. No. 3641, 3-20-2023]
A.
Expressions Of Interest Type 1 Projects. For Type 1 service, the
using agency shall solicit proposals from approved qualified firms.
The request should invite comments as to the special experience in
the project being considered and describe previous experience with
similar projects. The expressions of interest will be reviewed by
the using agency requesting the services. Factors to be determined
in the initial screening will include:
1.
Specialized experience and technical competence with respect
to the type of services required.
2.
Quality of services previously performed by the firm for the
City.
3.
Past record of performance with respect to cost control, quality
of services and ability to meet schedules.
4.
Community relations including evidence of sensitivity to citizen
concerns.
5.
The firm's proximity to and familiarity with the area where
the project is located.
B.
Detailed Proposals. Firms requested to submit detailed proposals
will provide the information prescribed by the using agency. The information
shall include:
1.
Project name for which firm is filing.
2.
Name and address of firm.
3.
Previous related experience.
4.
Outside firms or outside personnel to be used on projects.
5.
Brief resume of key persons, specialists.
6.
Special experience in the project being considered.
7.
Any work previously or currently performing for City.
8.
Description of resources.
[Ord. No. 3641, 3-20-2023]
A.
Upon receipt of the detailed proposals for Type 1 or 2 projects,
the department head will review the proposals; interview the prospective
firms, if necessary; and make a recommendation of two (2) firms best
qualified and capable of performing the desired work.
B.
The using agency shall negotiate a contract with the top firm selected.
If a satisfactory contract cannot be negotiated with the top firm,
negotiations with that firm shall be terminated with the approval
of the department head and City Administrator. Negotiations may then
begin with the second firm. If there is a failing of accord with the
second firm, negotiations with such firm may be terminated with the
approval of the department head and City Administrator.
C.
If an agreement cannot be negotiated with the two (2) selected firms,
the using agency shall re-evaluate the professional services, including
scope and fee requirements, and proceed in accordance with this policy.
[Ord. No. 3641, 3-20-2023]
A.
Each contract entered 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 has 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 any person, company, corporation,
limited liability company, 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 or resulting from the award or making of this agreement."
B.
For the breach or violation of the foregoing provision, the Board
of Aldermen 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.
[Ord. No. 3641, 3-20-2023]
When, in the opinion of the City Administrator, the nature of
other professional services is so specialized that there is only a
sole reasonable supplier of a professional service that can meet the
City's needs, the City Administrator may select such firm or
recommend the Board of Aldermen select such firm. An exception shall
be promptly reported to the Board of Aldermen with an explanation
of the reasons, therefore.
