§ 3.38.040  CONTRACTING PROCEDURES FOR ARCHITECTURAL, ENGINEERING AND OTHER CONSTRUCTION-RELATED SERVICES.
   (A)   Authority. For the purpose of procuring the services of architectural, landscape architectural, engineering, environmental, land surveying services, construction project management, or other similar services, as defined by Cal. Gov’t Code §§ 4525 and 4526, the following selection procedures shall be used.
   (B)   Policy. It is the policy of this city to negotiate contracts for architectural, landscape architectural, engineering, environmental, land surveying services, construction project management, or other similar services, on the basis of demonstrated competence and qualification for the type of services required, and at fair and reasonable prices.
   (C)   Selection procedure.
      (1)   Statement of qualifications. Persons engaged in providing the types of professional services designated in § 3.38.040(A) may submit statements of qualifications and expressions of interest in providing such professional services.
         (a)   The city may specify a uniform format for statements of qualifications.
         (b)   Statements of qualifications may be project-specific or for multiple projects occurring during a time period not exceeding one calendar year.
         (c)   Statements of qualifications shall be maintained by the City Clerk’s office, consistent with the city’s document retention policies.
      (2)   Form of request for proposals. The request for proposals shall describe the services required, list the types of information and data required of each consultant, list the evaluation factors, and state the relative importance of identified qualifications.
      (3)   Public notice.
         (a)   Public notice of the request for proposals shall be given in the same manner as provided in § 3.36.110(A).
         (b)   A copy of the request for proposals also shall be provided to each consultant or firm that has a current statement of qualification on file with the city for work relevant to the request for proposals.
      (4)   Receipt of proposals. Proposals shall be received and opened in a method that avoids disclosure of contents to competing consultants during the process of negotiation. A copy of each proposal received shall be retained by the City Clerk, consistent with the city’s document retention policies, and shall be open for public inspection after award of the contract or final rejection of all proposals.
      (5)   Evaluation of proposals.
         (a)   The City Manager, or his or her designee, shall evaluate the proposals based upon the evaluation factors set forth in the request for proposals.
         (b)   The ranking of such proposals from most to least qualified shall not include an evaluation of price.
         (c)   The City Manager, or his or her designee, may contact some, all or none of the responding consultants for clarification, additional information or interviews to assist in the ranking of the proposals.
      (6)   Negotiation and award of contract.
         (a)   The City Manager shall negotiate a contract with the best qualified consultant for architectural, landscape architectural, engineering, environmental, land surveying services, construction project management, or other similar services, at compensation the City Manager determines is fair and reasonable to the city.
         (b)   If the City Manager is unable to negotiate a satisfactory contract with the consultant considered to be the most qualified, at a price determined to be fair and reasonable to the city, negotiations with that consultant shall be terminated in writing. The City Manager shall then undertake negotiations with the second most qualified firm. If the City Manager is unable to negotiate a satisfactory contract with the second most qualified firm, the City Manager shall terminate negotiations in writing, and continue on in the same fashion with the next qualified firm until a satisfactory contract has been negotiated.
         (c)   If the City Manager is unable to negotiate a satisfactory contract with any of the selected firms, the City Manager shall select additional consultants, in order of their competence and qualification, and continue negotiations in accordance with this chapter until an agreement is reached.
      (7)   Contract approval.
         (a)   Contracts over $50,000. For contracts greater than $50,000, once the City Manager has negotiated a satisfactory contract with the best qualified consultant, at compensation that the City Manager determines is fair and reasonable to the city, the City Manager shall submit a report of the proposals to the City Council, with a recommendation concerning acceptance or rejection thereof, and the City Council shall approve or disapprove the recommendation and award the contract.
         (b)   Contracts of $3,501 to $49,999. For contracts between $3,501 and 49,999, once the City Manager, or designee, has negotiated a satisfactory contract with the best qualified consultant, at compensation that the City Manager, or designee, determines is fair and reasonable to the city, the City Manager, or designee, shall award the contract in accordance with §§ 3.38.020 and 3.36.060.
         (c)   Services $3,500 and under do not require solicitation of qualifications or price negotiation. However, when practicable, such services must be distributed among qualified suppliers.
      (8)   Amendments after award.
         (a)   In instances where the city effects a necessary change in the project during the course of performance of the contract, the consultant’s compensation may be adjusted by mutual written agreement in a reasonable amount.
         (b)   The reasonable amount shall reflect and compensate the consultant for the amount of work to be performed by the firm that is changed from the scope of work previously agreed to by both parties.
   (D)   Inapplicability to technical work. In accordance with Cal. Gov’t Code § 4529, this section shall not apply where the City Manager, or his or her designee, determines that the services needed are more of a technical nature, involve little professional judgment, and requiring bids would not be in the public interest.
(Ord. 4517, passed 2-25-08; Am. Ord. 4745, passed 10-22-18)