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
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APPROVED
August
, 1989.
By: / l�/�����rf Af
Mayor, ///
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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
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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.
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(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,
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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,�.
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