(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PROFESSIONAL DESIGN FIRM. Any person legally engaged in rendering professional design services.
PROFESSIONAL DESIGN SERVICES. Services within the scope of practice of an architect or landscape architect registered under Ohio R.C. Ch. 4703 or a professional engineer or surveyor registered under Ohio R.C. Ch. 4733.
PUBLIC AUTHORITY. The City of Barberton or any of its agents.
QUALIFICATIONS. All of the following:
(a) Competence of the professional design firm to perform the required professional design services, as indicated by the technical training, education and experience of the firm’s personnel, especially the technical training, education and experience of the employees within the firm who would be assigned to perform the services;
(b) Ability of the firm, in terms of its workload and the availability of qualified personnel, equipment and facilities, to perform the required professional design services competently and expeditiously;
(c) Past performance of the firm, as reflected by the evaluations of previous clients, with respect to such factors as control of costs, quality of work and meeting of deadlines; and
(d) Other similar factors.
(B) Qualifications. When the city plans to contract for professional design services, the Director of Public Service shall encourage professional design firms to submit a statement of qualifications and update the statements at regular intervals.
(C) Prequalification of bidders. The Director of Public Service may institute prequalification requirements for professional design firms seeking to provide services to the city and may require that each prequalified firm maintain a current statement of qualifications on file with the Director of Public Service. The prequalification requirements shall be based on factors such as those set out in division (A) above.
(D) Qualification evaluation procedure.
(1) When the city plans to contract for professional design services, the Director of Public Service shall accept proposals from firms qualified to perform the required services, at a compensation determined to be fair and reasonable to the public authority.
(2) When a firm is selected by the Director of Public Service or the City Engineer, the Director of Public Service shall request approval of the Board of Control to make expenditures under the contract.
(E) Professional liability insurance requirements; waiver.
(1) Except for any person providing professional design services of a research or training nature, any person rendering professional design services to the city shall have and maintain, or be covered by, during the period the services are rendered, a professional liability insurance policy or policies with a company or companies that are authorized to do business in the state and that afford professional liability coverage for the professional design services rendered. The insurance shall be in an amount considered sufficient by the Director of Law.
(2) The requirement for professional liability insurance set forth in division (E)(1) above may be waived by the Director of Public Service and the Director of Law for good cause, or the Director of Public Service may allow the person providing the professional design services to provide other assurances of financial responsibility.
(F) Rules of procedure. The Director of Public Service may adopt rules to implement the provisions of this section.
(G) Competitive bidding. Pursuant to § 10.02 of the City Charter, the Board of Control shall award any contract provided for in this section to the lowest and best bidder.
(Prior Code, § 210.02) (Ord. 163-1996, passed 9-23-1996)