Chapter 3.60


3.60.010    Policy.

3.60.020    Definitions.

3.60.030    Public announcement.

3.60.040    Selection process.

3.60.050    Negotiations.

3.60.060    Qualification selection to precede price discussion.

3.60.070    Emergencies.

3.60.080    City clerk to comply with state filing requirements.

3.60.010 Policy.

It is the policy of the city of Prosser to publicly announce all requirements for architectural and engineering services, and to negotiate contracts for architectural and engineering services on the basis of demonstrated competence and qualification for the type of professional services required, at fair and reasonable prices. (Ord. 1341 § 1, 1986).

3.60.020 Definitions.

A.    “Application” means a completed statement of qualifications together with a request to be considered for the award of one or more contracts for professional services.

B.    “Architectural and engineering services” or “professional services” means professional services rendered by any person, other than an employee of the agency, contracting to perform activities within the scope of the general definition of professional practice in Chapters 18.08, 18.43, or 18.96 RCW.

C.    “Consultant” means any person providing professional services who is not an employee of the agency for which the services are provided.

D.    “Person” means any individual, organization, group, association, partnership, firm, joint venture, corporation, or any combination thereof. (Ord. 1341 § 2, 1986).

3.60.030 Public announcement.

The city of Prosser shall publish in advance its requirements for professional services. The announcement shall state precisely the general scope and nature of the project or work for which the services are required, and the address of a representative of the city who can provide further details. Compliance with this section may be by:

A.    Publishing an announcement on each occasion when professional services provided by a consultant are required by city; or

B.    Announcing generally to the public the city’s projected requirements for any category or type of professional services. (Ord. 1341 § 3, 1986).

3.60.040 Selection process.

In the procurement of architectural and engineering services, the city of Prosser shall encourage firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data. The city shall evaluate current statements of qualifications and performance data on file with the city, together with those that may be submitted by other firms regarding the proposed project. On the basis of information available, the city may establish a short list of two or more firms and request submissions of a proposal addressing scope of services, methodologies, and projected time schedules. The city shall conduct discussions with one or more firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services, and then shall select therefrom, based upon criteria established by the city the firm deemed to be the most highly qualified to provide the services required for the proposed project. The procedures and guidelines used shall include a plan to ensure that minority-owned and women-owned firms are afforded the maximum practicable opportunity to compete for and obtain public contracts for services. The level of participation by minority-owned and women-owned firms shall be consistent with their general availability within the professional communities involved. (Ord. 1341 § 4, 1986).

3.60.050 Negotiations.

A.    The city of Prosser shall negotiate a contract with the most qualified firm for architectural and engineering services at a price which the city determines is fair and reasonable to the city. In making its determination, the city shall take into account the estimated value of the service to be rendered, as well as the scope, complexity, and professional nature thereof.

B.    If the city is unable to negotiate a satisfactory contract with the firm selected at a price the city determines to be fair and reasonable, negotiations with that firm shall be formally terminated and the city shall select another firm in accordance with Section 3.60.040 and continue in accordance with this section until an agreement is reached or the process is terminated.

C.    The principal reasons supporting this selection procedure for architectural and engineering services are the importance of selecting the best-qualified firm and the lack of a definite scope of work for such services at the time the selection is made. In general, the architect, engineer, or land surveyor is engaged to represent the city of Prosser’s interests and is, therefore, in a different relationship with the city from that normally existing in a buyer-seller situation. For these reasons, the qualifications, competence, and availability of the most qualified architectural and engineering firms are considered initially, and price negotiated later. (Ord. 1341 § 5, 1986).

3.60.060 Qualification selection to precede price discussion.

It is the procedure to make the qualification selection first and then to discuss the price because both parties need to review in detail what is involved in the work (for example, estimates of man-hours, personnel costs, and alternatives that the architect, engineer, or land surveyor should consider in depth). Once parameters have been fully discussed and understood and the architect, engineer or land surveyor proposes a fee for the work, the recommended procedure requires the city to make its own evaluation and judgment as to the reasonableness of the fee.

If the fee is fair and reasonable, award is made without consideration of proposals and fees of other competing firms. If the fee cannot be negotiated to the satisfaction of the city, negotiations are initiated with another firm selected in the same manner, or which has already been ranked as next most qualified. Thus price clearly is an important factor in the award of architectural and engineering services contract under this procedure. The principal difference between the recommended procedure for architect, engineer, or land surveyor selection and the procedures used in most other competitive source selection is the point at which price is considered. (Ord. 1341 § 5, 1986).

3.60.070 Emergencies.

This chapter need not be complied with if an emergency requires the immediate execution of the services involved. (Ord. 1341 § 6, 1986).

3.60.080 City clerk to comply with state filing requirements.

The city clerk shall comply with the requirements of Chapter 39.29 RCW. (Ord. 1341 § 7, 1986).