2.56.110 Professional services exception – Selection process for architectural, engineering, environmental, land surveying, legal, construction project management, and other professional services.
A. In General.
1. Except as otherwise provided in this section, architectural, engineering, environmental, land surveying, legal, construction project management, and other professional consultant services (collectively “professional services”) provided to the City shall not be governed by the bidding requirements set forth in CVMC 2.56.080 or 2.56.090, but shall be negotiated on the basis of demonstrated competence and qualifications for the services required and at fair and reasonable fees in accordance with the procedures set forth in this section. Notwithstanding the foregoing, once demonstrated competence and qualifications have been established, expense may be considered as one factor in the selection of a consultant hereunder.
2. Notwithstanding the above requirement, the Purchasing Agent may require competitive bidding, pursuant to the requirements of CVMC 2.56.080 or 2.56.090, upon a finding by the Purchasing Agent after consultation with the Director of the procuring department that the professional services required are of more of a technical nature or involve little professional judgment, and requiring bids would be in the public interest.
3. If the maximum contract amount of the professional services contract exceeds $50,000, it shall be awarded by the City Council after compliance with the procedures specified in subsection (C) of this section. Contracts for professional services with a maximum contract amount of $50,000 or less may be awarded pursuant to subsection (D) of this section. The awarding authority for such contracts in excess of $50,000 shall be the City Council; for contracts in the amount of $50,000 or less, the awarding authority shall be the City Manager.
B. Definitions. For purposes of this chapter, the following terms have the following meanings:
1. “Architectural, engineering, environmental, and land surveying services” includes those professional services of an architectural, engineering, environmental, or land surveying nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform.
2. “Construction project management” means those services provided by a licensed architect, registered engineer, or licensed general contractor which meet the requirements of Government Code Section 4529.5 for management and supervision of work performed on construction projects.
3. “Environmental services” means those services performed in connection with project development and permit processing in order to comply with federal and state environmental impact laws, and the analysis of hazardous material.
4. “Legal services” are those of a specialized legal nature as determined by the City Attorney.
5. “Other professional services” include services which provide intellectual products of a specialized nature unique to a given situation or requirement.
C. Selection Process for Contracts of Greater than $50,000.
1. Any department head desiring to enter into a contract for professional consultant services whose maximum contract amount exceeds $50,000 shall first analyze the cost effectiveness of having the proposed service completed.
2. Public announcement of all projects of an estimated cost in excess of $50,000 requiring architectural, engineering, environmental, land surveying, construction project management, or other professional consultant services shall be made by the City through notice to the respective professional societies, advertisement on the City’s Internet website, or publication in a newspaper of general circulation, and any other method of advertising that is determined by the Purchasing Agent to be in the City’s best interest. The notice shall invite service providers to submit letters of interest for specific projects.
3. The recommendation to City Council for the award of the contract shall be made by a selection committee. The responsible department head, or designee, and two or more staff members shall perform the duties of the selection committee.
4. After reviewing all proposals submitted, the selection committee may choose the most qualified firms for personal interviews to discuss anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services. The selection committee shall evaluate and rank the firms based upon criteria established in advance by the City. Cost comparisons between service providers may also be considered as a factor. A list containing the ranking information will be sent to the responsible department head.
5. The responsible department head shall negotiate a contract with the firm ranked the highest by the selection committee at a price determined to be fair and reasonable to the City. The agreement shall define the conditions of the contract scope, work plan, schedule, costs, method of payment, duration, insurance, indemnification and other appropriate matters.
6. If the department head is unable to negotiate a satisfactory contract with the highest ranked firm, negotiations shall be formally terminated.
7. The department head shall then undertake negotiations with the next highest ranked firm. This process shall continue until a satisfactory contract is negotiated.
8. If the list of qualified firms is exhausted without a contract being negotiated, the selection committee shall choose additional firms, and the process shall continue until a satisfactory contract is negotiated.
D. Selection Process for Contracts of $50,000 or Less. Purchases of professional services with a maximum contract amount of $50,000 or less shall be made after informal solicitation of proposals, in accordance with the same standards and exceptions set forth in CVMC 2.56.090.
E. Prequalification Lists. Solicitations may be made using prequalification lists maintained and approved by the Purchasing Agent. The Purchasing Agent shall review types of services required and determine for which types of services prequalification lists would be appropriate. Prequalification lists may be used in lieu of open advertisement.
F. Legal Services. In accordance with Section 503 of the City Charter, the City Attorney oversees contracts for legal and related professional services. Whenever practical, and in consultation with the Purchasing Agent, requests for outside attorney or professional services shall be based on a competitive solicitation of proposals. Otherwise, justification shall be provided based on unique qualifications or performance characteristics of the attorney or consultant recommended. Except for contracts for the retention of special counsel pursuant to Chapter 2.52 CVMC, contracts for legal and related professional services in excess of $50,000 shall be approved by the City Council. Contracts for the retention of special counsel pursuant to Chapter 2.52 CVMC in excess of $100,000 shall be approved by the City Council.
G. Unlawful Acts and Conflicts of Interest Prohibited.
1. In the selection and award of professional consultant contracts pursuant to this exception, all unlawful activity, including, but not limited to, rebates, kickbacks, or other unlawful consideration, is prohibited.
2. No City officer or employee shall be a member of a selection committee, or otherwise participate in the selection process, when they have a relationship with a person or business entity seeking a contract which would constitute a conflict of interest under Government Code Section 87100 or under City conflict of interest rules.
H. Exceptions. The following purchases shall be exempt from the requirements in subsections (C) and (D) of this section:
1. Ten Thousand Dollars or Less. Contracts for professional service contracts with a maximum contract amount of $10,000 or less may be awarded by the Purchasing Agent based upon demonstrated competence at reasonable fees;
2. Impractical or Impossible. When it is determined by the Purchasing Agent (for contracts with a maximum contract amount of $100,000 or less) or by resolution of the City Council (for contracts with a maximum contract amount in excess of $100,000) that the competitive bidding requirements are impractical, or impossible, or that City interests would be materially better served by applying a different purchasing procedure, the Purchasing Agent or City Council, respectively, may award the contract utilizing alternative procedures consistent with best purchasing practices;
3. Certain CVMC 2.56.070 Exemptions. Those purchases exempted under CVMC 2.56.070(B)(1), (2), (4) and (5). (Ord. 3400 § 1, 2017; Ord. 2956 § 1, 2004; Ord. 2899 § 1, 2003; Ord. 2766 § 1, 1998).