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HomeMy WebLinkAboutCC ORD 1995-2099 Adopts Procedures for Selection of Professional Services Firms (Special)ORDINANCE NO. 95-2099 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING PROCEDURES FOR SELECTION OF PROFESSIONAL FIRMS WHEREAS, Section 4526 of the California Government Code states that selection by a local agency of professional services by private architectural, landscape architectural, engineering, environmental, land surveying and construction project management firms shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required; and WHEREAS, Section 4526 further provides that in order to implement this method of selection, a local agency contracting for such professional services may adopt, by ordinance, procedures that assure that these services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the local agency. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of National City that the City Council does hereby adopt that document entitled "Procedures for Selection of Professional Services Firms," containing procedures for selection of private architectural, landscape architectural, engineering, environmental, land surveying and construction project management firms in compliance with Section 4526 of the California Government Code. Said document is on file in the Office of the City Clerk. PASSED and ADOPTED this 7 t h day of November , 1995. George H."Waters, Mayor ATTEST: or Anne Peoples, City lerk APPROVED AS TO FORM: lr George Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on November 7, 1995, by the following vote, to -wit: Ayes: Council Members Beauchamp, Inzunza, Zarate, Waters. Nays: None. Absent: Morrison. Abstain: None. AUTHENTICATED BY: GEORGE H. WATERS Mayor of the City of National City, California ty (clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on October 24, 1995 and on November 7, 1995. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of ORDINANCE NO. 95-2099 of the City Council of the City of National City, passed and adopted by the Council of said City on November 7, 1995. City Clerk of the City of National City, California By: Deputy "PROCEDURES FOR SELECTION OF PROFESSIONAL SERVICES FIRMS" I. BACKGROUND Professional consultants are retained by a public agency to augment the agency's professional capabilities during peak workload periods or other critical periods and/or to provide specialized services not presently available to the agency. The procedure to evaluate the need for and selection of consultants should be standardized to insure the product of service is of the highest quality in relation to available funding. Consultant services may be performed by individuals licensed by the State of California (such as, Architects, Land Surveyors, Civil, Mechanical or Electrical Engineers, Engineering Geologist, etc.) or by individuals for which such licensing is not a requirement. II. PURPOSE This regulation establishes policies and procedures governing the selection of professional consultants in the performance of the City work. This policy is issued so that the City may continue to recognize and maintain the professional status of those offering professional services. It embodies the standards, accepted procedures and ethics of the national and local societies and organizations of those professionals which will be required to provide services to the City of National City. III. POLICY It is the City's policy to award contracts for professional services of architects, landscape architects, designers, licensed engineers, surveyors, and construction managers to the firm or individual professional found best qualified to perform such contract at a fair and reasonable cost, and to comply with the letter and spirit of public contract laws. Historically and universally, many professional societies have resisted the practice of bidding to provide services. Such a practice implies that the consideration of price rather than quality and service may be a predominant factor in the selection of the consultant. While equipment and construction work (complying with comprehensive specifications) is usually purchased on the basis of competitive bids, it is not reasonable to apply the same procedures for obtaining professional services. A client that "buys" professional services by competitive bid has no realistic basis on which to compare the value of what he will obtain. It is not in the public interest, therefore, to solicit bids for such services. 1 Professionals have unique expertise in their own disciplines based upon working relationships with many clients with widely differing approaches to problem solving. Each has encountered many and varied problems which provide for a vast accumulation of data and information based upon actual experience. This knowledge and experience is often directed in a specialized area. Payment of a reasonable and adequate fee for such knowledge and experience assures the recipient of a comprehensive and technically satisfactory professional service. It shall be the policy of the City to negotiate agreements for professional consulting services on the basis of demonstrated competence and qualifications for the type of professional consulting services required at fair and reasonable fees. IV. PUBLIC NOTICE A. CONSULTANT REGISTER The Engineering Department of the City of National City in June of each year, shall publish a notice in the City's official newspaper or in a technical publications of the City's anticipated needs during that fiscal year for professional services from architects, landscape architects, designers, licensed engineers, surveyors, construction managers, and management consultants. Such notice shall encourage all persons or firms interested in being considered as such professionals on any or all of such projects to submit to the City statements of qualifications and performance data. This information may be submitted in standard Federal Form #255 for each category of work. This information may be placed in the City's register of consultants. If, during the course of the year, the City determines that it is advantageous to supplement the existing list of interested consultants, the Engineering Department will advertise for additional firms. Firms responding to this ad will then be added to the existing lists. B. ADDITIONAL NOTICE For professional service contracts which are anticipated to exceed $50,000 in fees, or where the proposed work is deemed to be highly complex, the Department's Director may publish an additional notice thereof, stating the primary criteria to qualify to provide such services and stating the project schedules and expected budget for construction and requesting Statements of Qualifications (SOQ) and/or Request for Proposals (RFP). 2 Additional announcements and requests for public proposals may be made in the newspaper(s) of general circulation and one or more of the following methods: 1. Notification through applicable professional organizations and journals. 2. Notification by letter, based upon a list kept by the City, to all applicable firms who have stated that they are interested in providing service to the City. C. REQUEST FOR QUALIFICATIONS (RFQ) A request for qualifications (RFQ) when it is required should be sent out to generally three (3) to (10) consultant firms most qualified to provide the services required as shown in the City's register. The City may, at its option, send the RFQ to all consultants shown in the City's register. The RFQ provides a complete description of the type of problem involved, the required submittals in responses to the RFQ, and the selection procedure. The City should require the submittal of a supplemental statement of qualifications related to the specific project under consideration. This information may be submitted in a format similar to Federal Form #255, or equivalent. In general, the consultant is not required to submit a detailed scope of work and proposed fee in response to the RFQ. V METHOD OF SELECTING A PROFESSIONAL CONSULTANT A. Major Projects - Anticipated Fee of Over $50,000 a. The appropriate department's director (or its equivalent) will notify the professional community through advertisement in a newspaper or by other means, of the Agency's proposed project and its need for professional services. Interested Consultants will be invited to obtain a Request for Proposals (RFP) from the City. b. The Request for Proposals will contain a description of work to be done, the estimated project budget, and other pertinent information regarding the project. The Request of Intent will define the specific questions about items addressed in the proposal and selection criteria to be used. c. The consulting firm shall submit a proposal containing GSA forms 254 and 255, and address the project specific issues delineated in the RFP. Question responses regarding the firm's technical perspective of the project are strictly limited to brief statements addressing the consultant's general concepts and 3 approach to the project. Detailed, voluminous design information is not desired and will not be considered in the selection process. d. A short list of at least three (3) firms shall be developed by an in-house selection committee. e. Those consultants short listed will be formally invited to make presentations before the in-house selection committee. All interviews should be conducted by the same people and should be completed in the same day. f. The selection committee may interview the consultants' project manager together with the City's contact person and any other key personnel (performing 50% or more of the project tasks) including the designer, if applicable, of the most qualified firms. The rating of the consultants should be based on the professional qualifications necessary for the timely and satisfactory completion of the project. The following criteria are suggested for use in the final rating process. 1. All qualifications and performance data submitted by the consultant relevant to the project team, including a verification of data and references. 2. Demonstrated understanding of the scope of the project as evidenced in the oral interview and/or in the written submittals. 3. Consultant's demonstrated capability to explore and develop innovative or advanced techniques or designs. 4. Consultant's past record of performance in similar projects related to control of costs, quality of work, meeting schedules, and the number and type of construction change orders (if applicable). 5. The present workload of the firm and the availability of staff for the project. 6. Familiarity with the City's design and construction specifications and procedures. 7. City's prior experience with the consultant. 8. Familiarity with the geographical area of the project. 4 9. Consideration of distribution of contracts on an equitable basis among the most qualified firms on the register. 10. Specialized equipment available to the consultant which are relevant to the completion of the project. 11. Financial responsibility of the consultant. 12. Other criteria as established by the City or specific to the project. 13. If a project, program, or study is of a nature of a continuation or expansion of a previous project, program or study, then the firm that had the previous contract may be given higher priority for consideration. 14. An evaluation of the quality and completeness of the qualification statement or proposal submitted. 15. Firms with offices located in San Diego County will be given favorable consideration over firms who do not have offices within San Diego County, unless such firms have participated by invitation. 16. Individuals within the consultant's organization who will have direct charge of the work. 17. Whether consultant has adequate staff to perform the work within the time allowance. 18. The ability of the consultant to make effective public presentations of the report and/or design as may be required. 19. The ability of the consultant to work effectively with City staff, other public agencies, and related parties as may be required during the course of the design, study, or other technical services. 20. Pertinent new ideas which may be presented by the consultant during the course of the selection process. g. 21. Demonstrated continuing interest by the consultant in the success, efficiency, and workability of facilities he has designed during construction and after they are placed in operation. 22. Ability of the consultant to furnish adequate and effective construction supervision services. The selection committee shall determine, based on a weighted rating form, or other format, the top three (3) consultant firms (if that many are determined to be qualified). The number one selection may be requested to prepare a preliminary, detailed scope of work, time schedule and anticipated fee for use in the contract negotiation phase. h. The department director should appoint an ad hoc committee for negotiation of the scope of work and consultant compensation. It is recommended that the committee consist of one or more staff personnel directly involved in the project. However, depending upon the scope and nature of the project, a single individual may be designated for the negotiation phase. It is suggested that the agency develop independent estimates of the cost of the required services prior to the start of negotiations. In addition, in order to verify that the consultant's fees are fair and reasonable, it is suggested the consultant submit a detailed fee estimate based upon: The tasks to be performed in accordance with the scope of work. 2. The man-hours allocated to each task. 3. A breakdown of the employees and professionals, to be assigned to the tasks, the average hourly rates of each, and the man-hour costs assigned. 4. "Fixed fee" or "cost plus fixed fee" (if applicable). The agreement may provide for differing methods of compensation based upon the type of work to be performed. "Per diem" or hourly compensation is the general rule when specific scope of work is yet to be determined. This type of compensation should carry a stated maximum amount which will not be exceeded except by prior approval. Fixed fee or cost plus fixed fee compensation is commonly used after scope of work has been explicitly identified. Where the scope of work cannot be defined or the exact duration of the work cannot be determined, a "per diem" compensation or a "cost per unit of work" compensation may be utilized. Other forms of compensation may also be utilized as approved by the City. Compensation is paid for services as performed, rather than in advance. All agreements for professional services shall pay particular attention to the management phase of the resulting contract. A single project manager shall be designated by the consultant, and a liaison manager shall be designated by the department for purposes of contract administration. In addition, affirmative action clauses to further published City goals and policies shall be an integral part of professional contract administration. Late responses or untimely responses by prospective candidates shall not be considered for further action. The ability to respond to an invitation for consideration in a timely and responsive manner is essential to a future satisfactory contract relationship. The department shall insure that the other departments which have a proper interest in the work under consideration are kept informed as to the progress of the work and that user decisions and desires are constructively considered within the constraints of financial and practical limitations. If agreement with the consultant cannot be reached with the number one selection, the negotiations are terminated. Then negotiations are opened with the second choice and the process is repeated. Once negotiations are terminated with a consultant, the agency should not reopen negotiations with that consultant during this process. If agreement cannot be reached with any of the selection committee recommendations, the selection committee will be asked to make additional recommendation, or hold additional oral interviews, as necessary, to establish a new list of additional qualified consultants. i. The appropriate department director presents the negotiated agreement to the City Council for approval of the selection and of the proposed contract. J. Post Contract Evaluation The department director shall prepare an evaluation of the performance of every professional consulting firm retained for a contract addressed by this policy. This evaluation should address such factors as: I . The actual fees required as compared to the original contract amount. 2. The actual time of performance as compared to the original contract requirements. 3. The actual construction contract amount as compared to the firm's estimate of cost (if applicable). 4. The number of construction change orders required (if applicable). 5. The quality of the final project, program, or study. This information shall be maintained on file for reference purposes in future contract awards. Further, it shall be open for review only to the subject firm who may tender any observations felt to be appropriate as a matter of record in such files. k. Exceptions The above policy and procedures do not apply to the following services: 1. Contracts, administered by another agency, to which the City of National City is signatory. 2. Services of an emergency nature. 3. Materials laboratory testing services, such as: Soils, asphalt paving, and concrete testing. 4. If the project is of a nature of a continuation or expansion of a previous project or contract, only Section f. through Section h. of this policy need apply. 5. Contract services for furnishing temporary employees that are supervised directly by a City employee. 6. Consultants in subcontracting capacity. B. Intermediate Projects - Fees of $15,000 to $25,000 Follow the procedure under major projects utilizing a review committee composed of qualified staff personnel and consider no less 8 than three (3) qualified firms or individuals. On occasion, for an unusual project which poses special problems beyond the scope previously encountered by City staff personnel, the review committee may be augmented by an unbiased qualified member of the profession being considered. The appropriate department director presents the selection and the proposed contract to the City Council for approval. C. Minor Projects - Fees Less than $15,000 Department directors shall maintain a current file on qualified professional consultants in various categories. When selecting a consultant to provide services on a specific project, the department director, in addition to capability and qualifications, considers consultants on a rotational basis whenever feasible. This selection is subject to the negotiation procedure. A scope of work and corresponding compensation method will then be negotiated with the consultant. Upon attainment of an agreement, the agreement can be executed by the City Manager or Department Director. VI. REQUIREMENTS OF THE PROFESSIONAL CONSULTANT: 1. Contractual work. a. Consultant's work shall be of the highest professional standards. b. Consultant shall complete the specific scope of work contracted for within the time frame outlined in the consultant agreement. 2. Change Orders a. Where a Change Order arises as a result of an error or omission of the Consultant, Consultant shall not be compensated for the extra services or for time spent, or for cost incurred in efforts connected with the correction of said error or omission. b. The Department Director is authorized to approve change orders up to 10% of the contract amount, or up to a maximum of $7,500 per change order, whichever is less. 9 pec c. If any error or omission of the Consultant results in identifiable damage to the City, or increases the project cost, the Consultant shall be responsible for the cost of such damages or increased costs. I