Chapter 3.22
PROCEDURE AND POLICY FOR SELECTION AND COMPENSATION OF ARCHITECTURAL, ENGINEERING AND OTHER CONSULTANTS

Sections:

3.22.010    Purpose.

3.22.020    Definitions.

3.22.030    Procedures implementing selection of consultants.

3.22.010 Purpose.

A.    Section 4526 of the California Government Code provides that the selection of private firms providing professional architectural, engineering, environmental, land surveying, or constructing project management services shall be on the basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required.  Section 4526 further provides that in order to implement this method of selection, local agencies contracting for such services may by ordinance adopt procedures that assure the engagement of such services 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.  Such procedures shall assure maximum participation of small business firms, and specifically prohibit practices which might result in specified unlawful activities.

B.    It is the purpose of this chapter to adopt procedures which implement the selection of consultants in accordance with the authorization provided in Government Code Section 4526.

C.    It is the finding of the city council of city of Kerman that the procedures herein implement the method for selection of professional services identified in Government Code Section 4526, and that such procedures assure the engagement of such services on the basis of demonstrated competence and qualification necessary for the satisfactory performance of the type of services to be performed, and at a fair and reasonable price to city of Kerman City.  (Ord. 09-05 §1(Exh. A)(part), 2009).

3.22.020 Definitions.

The following words when used in this chapter shall have meanings ascribed to them, and all other words and phrases shall be given their ordinary meaning:

A.    "City council" means the city council of the city of Kerman.

B.    "Consultant" means an architect, professional engineer, environmental firm, land surveying firm, or construction project management firm, as used in Government Code Section 4526.

C.    "City" means the city of Kerman or its authorized representative.

D.    "Executive" means the city manager of city of Kerman, or the executive's designated agent.

E.    "Policy" refers to the policy codified in this chapter adopted by the city council, entitled "Policy for Selection and Compensation of Architectural, Engineering and Other Consultants."  (Ord. 09-05 §1(Exh. A)(part), 2009).

3.22.030 Procedures implementing selection of consultants.

A.1.    General.  The procedures herein implement the selection of consultants on the basis of demonstrated competence and professional qualifications necessary for the satisfactory performance of the services required, by assuring engagement of services on the basis of demonstrated competence and professional qualification for the type of services to be performed and at a fair and reasonable price to the city.  The general framework for each such procedure is:

a.    When a project requiring architectural, landscape architectural, engineering, environmental or land surveying services of a value of over twenty thousand dollars is identified by the city council, an announcement shall be made by the executive selectively advertising to reach providers of services within the appropriate trade or profession by publishing the announcement through electronic communications media which support bulletin boards or Internet websites that have demonstrated statewide accessibility and are regularly maintained at established addresses by professional organizations which are representative of the services to be procured, or through such other media as may reach providers of the services to be procured.  Additionally, the executive may publish an announcement in a construction trade journal or in other appropriate publication, if any exist.  The announcement shall be published within a reasonable time frame so that a lengthy publication delay does not adversely affect the project.  Where the value of services to be provided exceeds one hundred thousand dollars, the executive shall also advertise the request for proposals or qualification in a newspaper of general circulation within a fifty-mile radius of the project location.

b.    The announcement shall contain the following minimal information:  The nature of the work, the criteria upon which the award shall be made, and the time within which statements of interest, qualification and performance data must be received by the director.

c.    The executive shall endeavor to provide to all small business firms who have indicated an interest in receiving such, a copy of each announcement for projects for which the executive concludes that small business firms could be especially qualified.  A failure of the executive to send a copy of an announcement to any firm shall not operate to preclude any contract.

d.    The executive shall have obtained pertinent information from consultants to be used to determine those consultants who have the demonstrated competence and professional qualifications necessary for satisfactory performance of the types of services to be performed.  Such consultants are placed in the "qualified pool."

e.    City shall then use pertinent information obtained from the consultants in the qualified pool for evaluation in accordance with the evaluation criteria set forth in this chapter.  Consultants passing evaluation are placed in the "candidate pool."

f.    City shall obtain estimated fees from consultants who are placed in the "candidate pool."

g.    City shall determine, based upon the estimated fees, those consultants from the "candidate pool" who can perform services at a price which is a fair and reasonable price to the city.  Such consultants are placed in the "consultant pool" and are referred to as "finalists."

h.    The city council hereby establishes selection criteria that will comprise the basis for the selection of eligible firms to perform the required services.  The criteria includes such factors as professional experience of the firm in performing services of similar nature; quality and relevance of recently completed or ongoing work; reliability, continuity, and location of firm to the project site; staffing capability; ability to meet schedules; education and experience of key personnel to be assigned; knowledge of applicable regulations (including but not limited to regulations applicable to federally funded activities and projects) and technology associated with the services required; specialized experience of the firm in the services to be performed; participation as a small business firm; and other factors the executive deems relevant to the specific task to be performed.

If the contract is funded in whole or part by federal funds, the executive shall include notice of such a funding source in the solicitations and advertisements issued in connection with the contract and the selection criteria shall include consideration of the consultant's capability to comply with applicable federal requirements.  Unless otherwise directed by the city council, the executive may weigh these factors according to the nature of the proposed project, the complexity and special requirements of the specific services, and the needs of the city.

i.    City shall prepare a written description of the selection process and perform a cost or price analysis, and upon a determination that the process has complied with this chapter and that the cost or price analysis shows that services for the project can economically benefit the city, the city may engage a consultant from among the finalists, based upon the terms and conditions most advantageous to the city, to perform the services.

2.    Engagement Procedures.  There shall be three procedures for the engagement of consultants:  (l) Request for proposal ("RFP"); (2) informal proposals; or (3) contract extension.  The applicability of a procedure to a public works project depends upon the construction cost or the estimated consultant fees involved for that project.  Refer to the policy for the monetary parameters that apply to each procedure.

a.    Requests for Proposals.  RFPs are distributed to those consultants who previously expressed an interest in similar projects and are listed by the city for that purpose.  Additional consultants may be added to that list at any time by written request.

Under this procedure, for projects where the estimated consultant fees will exceed twenty-five thousand dollars, consultants are required to submit formal proposals setting forth their qualifications as well as detailed information on provision of project-related services.  Consultants are provided a design program or description of the proposed project and needed services.  Consultants are required to answer questions developed by the executive.  Responses will be utilized to determine those consultants with the demonstrated competence and professional qualifications necessary for the satisfactory performance of the types of services.

Responsive proposals shall be submitted to the executive.  The executive will refer all responsive proposals to an evaluation committee for screening.

The evaluation committee shall then determine those consultants who have the demonstrated competence and professional qualifications necessary for the satisfactory performance of the types of services to be performed.  Such consultants are placed in the qualified pool.  The evaluation committee will next evaluate all qualified consultants according to the evaluation criteria set forth in this chapter.  Such consultants are placed in the candidate pool.  Consultants placed in the candidate pool shall be required to provide an estimated fee for the services to be performed, for a determination of those consultants who will perform services at a price which is a fair and reasonable price to the city.  The evaluation committee shall then determine, based upon the estimated fee provided, those consultants within the candidate pool who shall perform the services at a price which is a fair and reasonable price to the city.  Such consultants are placed in the consultant pool and are referred to as "finalists."

After the finalists have been identified, the evaluation committee will recommend to the city council for selection the consultant(s) among the finalists who shall provide the services upon terms and conditions most advantageous to the city.  Upon direction by the city council, the executive will enter into negotiation with the selected consultant over the final terms and conditions for the engagement of such services.

b.    Informal Proposals.  Under this procedure, a consultant is selected from a list of qualified candidates.  Interested consultants may be placed on the list by submitting a statement of qualifications and performance data on a city-supplied form.  The purpose of this statement is to obtain all pertinent information required of consultants for placement in a pool of consultant candidates with demonstrated competence and professional qualifications necessary for the types of services to be performed (the "qualified pool").  The executive may, however, from time to time request additional information as deemed necessary or desirable.  Statements are solicited by the executive on annual basis, but may be updated by participating firms at any time.  Additional interested firms may be added to the list at any time by submitting the completed city-supplied form.

Committee Selection.  For projects identified where the estimated cost of services is less than twenty-five thousand dollars, an evaluation committee shall determine a candidate from the qualified pool based upon the evaluation criteria set forth in the request for proposals and the evaluation committee shall then solicit an estimated fee from this candidate consultant.  The evaluation committee will then determine if this consultant shall perform services at a fair and reasonable price.

The evaluation committee will then select the consultant who shall provide the services upon terms and conditions most advantageous to the city.  The executive will enter into negotiations with the selected consultant over the final terms and conditions.  The agreement will then be submitted to the city council for approval.

Where this informal proposal procedure is used for procurement by noncompetitive proposals or procurement through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate, then as part of its action in approving the proposed contract, the city council shall make the following findings:

Procurement by noncompetitive proposals is necessary because the award of a contract is infeasible under small purchase procedures, sealed bids or competitive proposals and one of the following circumstances applies:

i.    The item is available only from a single source;

ii.    The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation;

iii.    The awarding agency authorizes noncompetitive proposals; or

iv.    After solicitation of a number of sources, competition is determined inadequate.

c.    Extension of Existing Contract or Multiphase Contracts.  It may be more efficient or economical in certain cases to extend an existing contract or to enter into a multiphase or multiyear contract.  Extension of an existing contract is limited to cases where services are logically connected to an ongoing contract and should be constructed as a single project.  A multiphase contract is negotiated under the RFP procedure but may not include feasibility studies, master plans or programming services.  Negotiation for such services may be required at the end of each phase and prior to proceeding to the next phase.  A multiyear contract is negotiated at the time of the original agreement to permit the city the option to extend the contract into future years.

Agreements for these services are to be negotiated by the executive when appropriate and to be submitted to the city council for approval.

B.    Prohibited Practices.  City employees shall not engage in practices which might result in unlawful activity including, but not limited to, rebates, kickbacks or unlawful consideration.

In addition, city employees shall not participate in the selection, award or administration of contracts or contractors selected pursuant to the processes established herein when those employees have a relationship with a person or business entity seeking a contract under this chapter which would subject those employees to the prohibition of Section 87100 and following of the Government Code, Section 1090 of the Government Code, or which would pose a real or apparent conflict of interest as specified in paragraph (b)(3) of Section 85.36 of Title 24 of the Code of Federal Regulations.

C.    Small Business Participation.  The city when issuing the RFP or in seeking to engage professionals to provide consulting services herein shall evaluate whether small business firms, as defined by the State Director of General Services pursuant to Section 14837 of the Government Code, could be especially qualified for the proposed project.  If the executive so concludes, he shall endeavor to provide a copy of each announcement for such projects to such small business firms that have indicated an interest in receiving any such information.  A failure to provide a copy of announcement to any firm or firms shall not operate to invalidate any contract herein.

D.    Compliance with Applicable Law.  Each contract entered into pursuant to this chapter shall comply with all applicable federal, state and local law.  If the contract is funded in whole or part by federal funds, the executive shall include notice of such a funding source in the solicitations and advertisements issued in connection with the contract, and the executive shall comply with the requirements of Section 85.36 of Title 24 of the Code of Federal Regulations, and other applicable law.  Such a contract shall include a provision by which the consultant firm warrants that the contract was not obtained or secured through rebates, kickbacks or other unlawful considerations either promised or paid to any city employee.  Failure to adhere to this warranty may be cause for contract termination and recovery of damages under the rights and remedies due the city under the default provision of the contract.  (Ord. 09-05 §1(Exh. A)(part), 2009).