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HomeMy WebLinkAboutORD628ORDINANCE NO.628 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 3 ADMINISTRATION,SECTION 3-7 CONTRACT PROCEDURE,BY AMENDING SECTION 3-7-5 PROFESSIONAL SERVICES (IN GENERAL),AND BY ADDING SECTION 3-7-7 CONTRACT PROCEDURES FOR PROFESSIONAL ENGINEERING AND ARCHITECTURAL SERVICES;REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION 1 IN GENERAL That the Apache Junction City Code Chapter 3 ADMINISTRATION,ARTICLE 3 CONTRACT PROCEDURE,Section 3-7-5 Professional Services (In General),be amended to read as follows: Section 3-7-5 Professional Services (In General) A.Professional services,other than as prescribed in Section 3-7-7 of this Article,may be contracted through a council -approved consultant selection process.These services may include,but are not limited to,financial,legal and general management services. B.Requests for contracts for professional services shall be posted on a public bulletin board at the official posting locations adopted by the council not less than forty-eight hours before the time esta- blished for submitting bids. C.Professional services contract agreements shall have their value estimated as the cumulative total value of the contract expense to the city. That the Apache Junction City Code Chapter 3 ADMINISTRATION,ARTICLE 3 CONTRACT PROCEDURE,be amended by adding a new Section 3-7-7 Contract Procedures for Professional Engineering and Architectural Services to read as follows: Section 3-7-7 Contract Procedures for Professional Engineering and Architectural Services A.Applicability:These procedures outline the process to be used in selection and fee negotiations for professional engineering and architectural services. ORDINANCE NO.628 PAGE ONE OF SIX II B.Bid (Selection)List:The city clerk's office shall maintain,as part of the official city bid lists,a list of consultants that have expressed an interest in performing consulting work in the areas of professional engineering and architectural services. 1.Each department or office,i f applicable,shall provide the city clerk's office with current and updated lists of consultants that have expressed interest in providing such services to the city as listed in Section B above.Each firm so listed shall have on file in the city clerk's office a letter requesting placement on the bid/selection list specifying particular areas of interest or expertise,i f applicable. 2.I t shall be the obligation of each professional engineering and architectural services consultant to annually update their request for placement on the city bid/selection list.Such requests shall be in writing and shall be filed with the city clerk's office prior to January 31 of each calendar year.Any firm not filing such a request by this date shall be automati— cally removed from the bid/selection list and will not be placed on the list until a subsequent request is received. 3.Consultants who have failed to provide satisfactory evidence of qualifications or have performed unsatisfactorily or have not updated information in a period of twelve (12)months will be removed from the selection list. C.Determination for Selection:Each department or office may retain one or more consultants for work on city projects on a yearly no—fee retainer basis with an option for extension,through a competitive selection process. 1.The number of firms retained shall be predicated on the types of professional services required. 2.More than one firm in a specific field may be retained in order to insure backup in case of inability to negotiate a scope of work and fee,or to insure expediting work in the case of a firm becoming over—extended,or being unable to meet time constraints for completing work. 3.The city council may elect to interview finalists prior to authorizing the city manager to execute no—fee retainer contracts. ORDINANCE NO.628 PAGE TWO OF SIX • D.General Selection Criteria:Consultant selection for work on city projects shall be based upon merit qualifications including such factors as corporate experience,qualifications of staff personnel planned for use on the project,references from previous work, specific approach to the project and capability of assuming new work. During the selection process,fee shall not become a factor. E.Small or Medium Projects:The department or office shall prepare a document to describe the project and results desired. 1.The firm(s)on a no -fee retainer list with necessary expertise shall be contacted in sequence,i f applicable,to schedule a meeting to discuss the project and make a field review. 2.The consultant contacted shall prepare a detailed scope of work for review and concurrence with the department or office. 3.When the scope of work is agreed upon,the consultant shall submit a fee proposal to perform said work. 4.Unless further modification to the scope of work or fee is required by the city or the consultant,the contract shall be finalized and submitted by the consultant for further city processing and approval prior to beginning work. 5.In any case the more detailed procedure prescribed for complex or large projects may be used for small and medium projects at the option of the department or office. F.Complex or Large Projects:The department or office shall prepare a public notice indicating the nature of the project and soliciting statements of interest,experience and qualifications from consul- tants. 1.This notice shall be published in a newspaper of general circu- lation not less than ten days prior to the date set for closing the competition and shall also be sent to firms listed on the city selection list. 2.A selection committee consisting of a minimum of three persons shall be designated by the department or office to review state— ments and select for interview two to four firms that appear to be the best qualified for the project.At least one person on the committee shall be a professional in the field of endeavor. ORDINANCE NO.628 PAGE THREE OF SIX 3.Once selections are made,a scope of work shall be prepared by the city and sent to the firms inviting their participation in selection interviews and requesting submission of a specific proposal covering their planned performance and approach to accomplishing various tasks leading to completion of the project. 4.The selection committee shall schedule separate interviews to meet key personnel that shall work on the project and to receive a presentation for discussion of the firms qualifications, experience and approach to the project.The committee shall ask the same basic interview questions of each firm and shall obtain comment from the firms references to confirm previous performance.During the review and interview process,discussion of fees shall not be permitted. 5.Upon completion of the interview process,the committee,having taken into consideration qualifications,experience,approach, references,prior performance and other factors,shall provide a ranking list to the department or office from which to begin final scope of work and fee negotiations. 6.With notification of the ranking to selected firms,and prior to actual fee negotiation,discussion may begin with the first ranked firm by requesting a detailed scope of work to include manhours and fee estimates.These estimates shall be reviewed by the department or office and negotiated as necessary in order to satisfy both the department or office and the firm. 7.Should mutual agreement not be obtained,the department or office may terminate the negotiation with the first listed firm and repeat the process by requesting the next firm in sequence to submit a detailed scope of work,manhour and fee estimate.All negotiations shall be of a confidential nature and fee discus- sions with one consultant shall not be disclosed to another. 8.This process may continue until agreement is reached and a con- tract consummated;or the department or office may select another grouping of firms for interview;or the process could be initi- ated from the start. G.Project Fees: 1.Projects having an estimated fee of under five thousand dollars ($5000)may be approved by the city manager through the specific project negotiation process outlined in Section 3-7-7 (E). ORDINANCE NO.628 PAGE FOUR OF SIX se 2.Projects having an estimated fee of over five thousand dollars and less than seventy-five thousand dollars ($75,000)shall be approved by the city council through the specific project nego- tiation process outlined in Section 3-7-7 (E). 3.Complex or large projects having an estimated fee of over seventy-five thousand dollars ($75,000)shall be approved by the city council through the process outlined in Section 3-7-7 (F). 4.Fees for architectural services are established by Arizona Revised Statutes Section 34-104(e)as amended. H.Deviation:With the concurrence of the city manager,the department or office may authorize deviation from these selection procedures where i t is clearly to the advantage of the city to negotiate on a sole -source basis with a specific consultant.Circumstances which would support such negotiations could include,but are not limited to: 1.A proposed contract for additional work on the same project or relating professionally to work completed by the consultant under another contract. 2.Other special unique qualifications of the consultant. 3.Contract costs to be shared with another agency that had preselected the consultant under their procedures. 4.When rapid response i s required due to circumstances beyond the control of the city. I .Award of Contracts:All contracts for consultants of estimated value over five thousand dollars ($5000)shall be awarded by the city council and executed by the city manager.Further,all contracts negotiated pursuant to Section 3-7-7 (H)shall be submitted to the City Council for review prior to final award. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance,or any part of the code adopted herein by reference,are hereby repealed. ORDINANCE NO.628 PAGE FIVE OF SIX • SECTION III PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,phrase,clause or portion of this ordi— nance,or any part of the code adopted herein by reference,i s for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 21st DAY OF June ,1988. SIGNED AND ATTESTED TO THIS 23rd DAY OF June ,1988. ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: \••••••• D D F.AL XA 1MA ("E City Attorney ORDINANCE NO.628 PAGE SIX OF SIX NORMAN S.HILL Mayor