Loading...
HomeMy WebLinkAbout73-89 RESOLUTIONRESOLUTION NO. 73-89 A RESOLUTION AUTHORIZING ADOPTION OF A NEW COMPETITIVE SELECTION OF PROFESSIONAL SERVICES POLICY. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute new competitive selection of professional services policy in accordance with Act 616 of 1989. A copy of the policy authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this 15th day of _ ATTEST 4.07 I '- SS f - .s ya -F ?J r �M1>rr„r APPROVED August , 1989. By: / l�/�����rf Af Mayor, /// A/ W' v h 1 2 3 MICROFILMED City of Fayetteville Competitive Selection of Professional Services Policy (Adopted August , 1989) 5 6 SECTION I 7 8 (A) The City and all its boards, commissions and authorities 9 shall competitively select based on qualifications and 10 performance evaluation criteria all professional services done 11 for or on behalf of the City. Fees for legal, architectural, 12 engineering and land surveying will not be considered for 13 selection of the three (3) highestqualified firms. Fees shall 14 be considered as one of the selection criteria for other 15 professional services required. 16 17 (B) It is the policy of the City to publicly announce 18 requirements for the competitive selection for professional 19 services as referenced above, and to negotiate contracts for 20 such services on the basis of demonstrated competence and 21 qualifications for the type of professional services required 22 provided that the services are rendered at fair and reasonable 23 prices. 24 25 (C) All municipal boards, commissions, and authorities 26 established pursuant to state statute or other legislative 1 EXHIBIT A • 27 authority other than that provided for in A.C.A. tit. 14, ch. 28 47 [A.C.A. Sec. 14-47-101 et seq.], shall be responsible for 29 the implementation of such policies and procedures as are 30 hereinafter delegated to the City Manager and the Board of 31 Directors. 32 33 (D) The competitive selection for such services shall be 34 conducted by a review committee which shall include any Board 35 Member wishing to serve, the City Manager (or representative), 36 the Chief Financial Officer (or representative), the involved 37 Department Heads, appropriate city personnel and may include 38 professionals, and/or individuals with expertise in the 39 community. The review committee for each proposed contract, 40 shall establish the qualifications and evaluation criteria 41 necessary for the specific services to be provided. 42 43 (E) The City Manager will cause to be advertised in a 44 newspaper of general circulation a notice that the city has 45 a need to contract for a particular professional service and 46 shall invite all interested parties to submit, to the extent 47 permitted by the ethical standards of that profession, a 48 statement of their qualifications and other relevant 49 information based on the evaluation criteria specifically 50 developed for the proposed services to be provided. 51 52 53 (F) Competitive selection of professional services maybe from 54 annual statements of qualifications and performance data. The 55 City may advertise annually for legal, architectural, 56 engineering or land surveying services to submit annual 57 statements of qualifications and performance data. The City 58 shall evaluate current statements of qualifications and 59 performance data of firms on file whenever a project requiring 60 professional services of legal, architectural, engineering or 61 land surveying is proposed. 62 63 SECTION 2 64 65 (A) In evaluating the qualifications of each firm, the review 66 committee shall consider: 67 68 (1) The specialized experience and technical competence 69 of the firm with respect to the type of professional 70 services required; 71 (2) The capacity and capability of the firm to perform 72 the work in question, including specialized 73 services, within the time limitations fixed for the 74 completion of the project; 75 (3) The past record of performance of the firm with 76 respect to such factors as control of costs, quality 77 of work and ability to meet schedules and deadlines; 78 and 79 (4) The firm's proximity to and familiarity with the 80 area in which the project is located. 81 82 (B) The review committee shall evaluate all statements of 83 qualifications and other submittals and may conduct interviews 84 with up to five (5) firms regarding anticipated concepts and 85 the relative utility of alternative methods of approach for 86 furnishing the required services and then shall select 87 therefrom, in order of preference, based on criteria 88 established and published by the review committee, no less 89 than three (3) of the firms deemed to be the most highly 90 qualified to provide the services required. 91 92 (C) The review committee or its designee shall then negotiate 93 a contract with the highest qualified firm for the services 94 to be rendered, at compensation which the review committee, 95 or its designee, determines is fair and reasonable to the 96 city, subject to the approval of the governing board, 97 commission or authority as referred to in Section 1 paragraph 98 (C) of this policy. In making such determination, the review 99 committee or its designee, shall take into account the scope, 100 complexity, and professional nature of the services to be 101 rendered. 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 • (D) Should the review committee, or its designee, be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price determined to be fair and reasonable to The City, negotiations with that firm shall be formally terminated. The review committee, or its designee, shall then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the review committee, or its designee, shall terminate negotiations. The review committee, or its designee, shall then undertake negotiations with the third most qualified firm. Should the review committee, or its designee, be unable to negotiate a satisfactory contract with any of the selected firms, then the review committee shall reevaluate the • necessary legal, architectural, engineering or land surveying services, including the scope and reasonable fee requirements. SECTION 3 (A) The requirement for a review committee shall be waived and the review of qualifications as hereinabove stated shall be delegated to the responsible department head for recommenda- tion of the City Manager who shall review and approve or disapprove all professional services contracts in an amount of ten thousand dollars ($10,000.00) or less. If no annual statements of qualifications are on record the department head may solicit qualification statements from appropriate legal, 131 132 133 134 135 136 137 138 139 140 141 142 143 architectural, engineering or land surveying firms for recommendation to the City Manager who shall review and approve or disapprove all professional services contracts in an amount of ten thousand dollars (10,000.00) or less. 6 1 State of Arkansas 2 77th General Assembly 3 Regular Session, 1989 A Bill 4 Dyt Representative Matthews 5 6 7 For An Act To Be Entitled 8 "AN ACT DECLARING PUBLIC POLICY CONCERNING THE PROCUREMENT OF 9 CERTAIN PROFESSIONAL SERVICES BY THE STATE AND POLITICAL 10 SUBDIVISIONS AND FOR OTHER PURPOSES." 11 12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 13 14 SECTION 1. It is the policy of the State of Arkansas and political 15 subdivisions that the state and poIiticaI subdivisions shall negotiate 16 contracts for legal, architectural, engineering and land surveying services 17 on the basis of demonstrated competence and qualifications for the type of • 18 services required and at fair and reasonable prices and to prohibit the use if 19 ArT s 16 1969 AS ENGROSSED 2/14/89 qo/t 1t,- SeC.'w p rprit f `•tt( . HOUSE BILL 1552 competitive bidding for the procurement of professional services. 20 21 :22 ,surveying services, 23 shall encourage firms engaged in 24 submit annual statements of qualifications X25 political subdivision. The political subd statement_s of qualifications ::i i-7`2roject requiring professional SECTION 2. In the procurement of legal, architectural, engineering or land the political subdivision which utilizes such services • the lawful • practice and of these professions to performance data to the ivision shall evaluate current and performance data of firms on file whenever a services from a lawyer, architect, engineer or • w 28 2 {... 32 land surveyor is proposed. The political subdivision shall not use competitive bidding for the procurement of professional services of a lawyer, architect, engineer or land surveyor. SECTION 3. In evaluating the qualifications of each firm, the political subdivision shall consider: (a) The specialized experience and technical competence of the firm wit respect to the type of professional services required; (b) The capacity and capability of the firm to perform the work in jfp032 • 1 2 3 H.B. 1552 • question, including specialized services, within the time limitations flied for the completion (c) The past 4 factors as control 5 deadlines; and 6 (d) The firm's proximity to and familiarity with the area in which the 7 project is located. 8 9 SECTION 4. The political subdivision shall select three qualified firms. of the project; record of performance of the firm with respect to such of costs, quality of work and ability to meet schedules and 10 The political subdivision shall then select the firm considered the best 11 qualified and capable of performing the desired work and negotiate a contract 12 for the project with the firm selected. 13 i 14 SECTION 5. (a) For the basis of negotiations, the political 15 subdivisions and the selected firm shall jointly prepare a detailed, written 16 description of the scope of the proposed services. 17 (b) If the political subdivision is unable to negotiate a satisfactory 18 contract with the firm selected, negotiations with that firm shall be 19 terminated. The political subdivision shall then undertake negotiations with 20 another of the qualified firms selected. If there is a failing of accord with 21 the second firm, negotiations with suchfirmshall be terminated. The $2 political subdivision shall undertake negotiations with the third qualified 33 firm. - ...24 (c) If the political subdivision is unable to negotiate a contract with 5 any of the selected firms, the agency whall reevaluate the necessary legal, 6 architectural, engineering or land surveying services, including the scope and .27 reasonable fee requirements, again compile a list of qualified firms and 28 proceed in accordance with the provisions of this act. SECTION 6. All provisions of this act of a general and permanent nature are amendatory to the Arkansas Code of 1987 Annotated and the Arkansas Code Revision Commission shall incorporate the same in the Code. SECTION 7. All laws and parts hereby repealed. �-� APPROVED BY( �atets of 4a.Jv laws in conflict with this act are /s/ D. Matthews j fp032,�. `CEWE