HomeMy WebLinkAbout68 of 1981 - Amending Title 24 by adding a new Chapter 12 entitled 'Contracting for Professional Services'. •
APPROVED AS TO FORM'
Self te4e City Attorney', npf;y.
Date
SALT LAKE CITY ORDINANCE BY-_•..•„"
No. 68 of 1981
(Contracting for Professional Services)
AN ORDINANCE AMENDING TITLE 24 OF THE REVISED ORDINANCES OF
SALT LAKE CITY, UTAH, 1965, RELATING TO MUNICIPAL GOVERNMENT, BY
ADDING A NEW CHAPTER 12 ENTITLED "CONTRACTING FOR PROFESSIONAL
SERVICES".
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Title 24 of the Revised Ordinances of Salt
Lake City, Utah, 1965, be, and the same hereby is, amended by
ADDING a new Chapter 12 entitled "Contracting for Professional
Services" to read as follows:
Chapter 12
CONTRACTING FOR PROFESSIONAL SERVICES
Sections:
24-12-1 . Professional services.
24-12-2. Notice and solicitation.
24-12-3. Selection.
24-12-4. Selection Committee.
24-12-5. Advisory review committee.
24-12-6. Negotiation.
24-12-7. Contract fees.
24-12-8. Exceptions.
24-12-9. Contract award.
Sec. 24-12-1 . Professional services. (1 ) Policy. It
shall be the policy of the Salt Lake City Corporation to
negotiate agreements for professional architectural, engineering
or planning services on the basis of demonstrated competence and
qualification for the type of services required, at fair and
reasonable fees. It shall further be the policy of the City to
publicly announce all requirements for professional architec-
tural, engineering and planning services.
(2) Definition. Architectural, engineering and facility
planning services are those professional services (hereafter
"Professional Services") associated with research, development,
design and construction, alteration, or repair of real property,
as well as incidental services that members of these professions
and those in their employ may logically or justifiably perform,
including, but not limited to: studies, investigations, surveys,
evaluations, consultations, planning, programming, conceptual
designs, plans and specifications, development, cost estimates,
inspections, and other related services.
Sec. 24-12-2. Notice and solicitation. (1 ) Prior to the
award of any contract for such professional services, the City
shall publicly solicit and encourage qualified individuals or
firms (hereafter applicants) engaged in the lawful practice of
architectural, engineering or planning services to submit
statements of current qualifications and performance data for
consideration for contract award.
(2) For each project in which a contract for such
professional services is contemplated, the City shall make a
solicitation and give a notice of the work opportunity, in
writing, to the following:
{a) The local offices of the American Institute of
Architects;
{b) The Consulting Engineers Council;
(c) The American Planning Association;
(d) The American Society of Landscape Architects;
(e) The Intermountain Contractor Magazine;
(f) Any other recognized engineering, architectural or
planning professional society or association requesting in
writing to the City Recorder such notification; and
(e) Such other firms as deemed appropriate by the City.
In addition, the City will publish at least once in one newspaper
of general circulation in Salt Lake County a notice and invita-
tion to submit a statement of qualifications and interest, not
less than seven days prior to the date said statement is due.
Said statement shall provide the information identified in
Section 24-12-3. However, nothing herein shall require the City
to give notice to an entity identified above if they are not in
the business of providing the professional services or
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representing those engaged in providing the professional services
subject of the solicitation.
Sec. 24-12-3. Selection. Except as hereafter provided, the
responsible department head shall select a minimum of three
applicants for interview purposes from among those applicants
responding to the notice and solicitation; however, if three or
less responses are received, all shall be interviewed.
The City shall prepare a Scope of Work, detailing as
completely as possible, the specific project contemplated, all
work to be performed by the selected applicant, and the time
frame within which the work is to be accomplished. In the event
the Scope of Work should change, the City shall immediately
notify all applicants to be interviewed by proper addendum.
In making selections for interviewing purposes, the
following factors shall be considered:
(1) The extent of specialized experience of the individual
or firm, in the type of work required;
(2) The degree and depth of professional qualifications
available through the applicant for performance of the services
required;
(3) Past performance of the applicant on similar projects,
in general, and Salt Lake City projects in particular; and
(4) Whether the applicant maintains an office and full-time
personnel within the State of Utah.
Based on the foregoing criteria, applicant(s) will be
invited for interview purposes and shall be required to submit a
more detailed statement of interest and qualifications, addres-
sing the specific project under consideration as a condition of
interview. Following the personal interviews, the following
additional factors shall be considered for the purposes of
establishing a preference ranking, together with the aforemen-
tioned factors and any other criteria appropriate to the project
at hand:
(5) The expressed desire of the applicant to perform the
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work desired;
(6) The capacity of the applicant to accomplish the work,
within the required time frame;
(7) The degree of familiarity of the applicant with the
particular project requirements; and
(8) The acceptability of the fee range within which the
applicant indicates it can accomplish the work; provided,
however, that the reasonableness of the estimated fees shall be
the financial determinant and not necessarily the lowest fee
quoted.
After completing the foregoing evaluation, a preference
ranking shall be established from among applicants interviewed;
thereafter, negotiations for contract purposes may be initiated
with the top ranked applicant.
Sec. 24-12-4. Selection Committee. For matters involving
professional service fees anticipated to be in excess of $10,000
but not exceeding $50,000, a Selection Committee shall, unless
waived by the Mayor in writing, be utilized for consultant
solicitation, screening and interviews in accordance with the
process prescribed above. The committee shall be advisory to the
department head responsible for implementation of the project
under consideration and shall be comprised of the following:
(1 ) The department head or his/her designee for the
project, who shall chair the committee;
(2) At least two other employees of that department who
shall be appointed by the department head;
(3) Any additional representatives as designated by the
Mayor or by the department head responsible for the project.
Sec. 24-12-5. Advisory Review Committee. For matters
involving professional service fees anticipated to be in excess
of $50,000, an Advisory Review Committee shall, unless waived by
the Mayor in writing, be utilized for consultant, solicitation,
screening and interviews in accordance with the process pre-
scribed above. The committee shall be advisory to the department
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41,.
head responsible for implementation of the project under
consideration and shall be comprised of the following:
(1) The department head or his/her designee responsible for
the project, who shall chair the committee;
(2) The Director of the Department of Public Works and the
Director of Development Services or their respective designees;
and
(3) Any additional representatives as designated by the
Mayor or by the department head responsible for the project.
Sec. 24-12-6. Negotiation. Negotiations shall initially be
commenced by the department head responsible for the project,
with the top ranked applicant only. Should satisfactory terms
fail to be reached within a reasonable time, as determined at the
sole discretion of the affected department head, negotiations
with that applicant shall be terminated and others initiated with
the second and third respectively ranked applicants, until satis-
factory terms are negotiated.
Sec. 24-12-7. Contract fees. (1) Fixed fee contracts are
to be used; unless justification exists for an alternate method
of compensation; further, contract fees shall be arrived at on
the basis of a definitive scope of work, as prepared by the City;
the proposed period of performance; and attendant manpower,
material, and service estimates.
(2) Industry or professional fee schedules or curves,
either formally or informally developed, are to be used for
comparative purposes only; they shall not be used as a basis of
justification of any fees proposed by an applicant. Professional
contract fees shall not be established on the basis of an esti-
mated percentage of construction costs; such fees may be estab-
lished on a cost plus basis, only when the above-referenced defi-
nite data is developed and included in the contract and a maximum
fee ceiling established.
(3) Executed contracts shall include prescribed time frames
for accomplishing the work to be performed and may provide for
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appropriate remedies in the event said time frames are not
adhered to due to the fault of the professional service provider
involved.
Sec. 24-12-8. Exceptions. The above policy and procedures
do not apply to the following types of contracts:
(a) Contracts involving fees of less than $10,000;
(b) Contracts administered by another agency, or
government entity, to which the City is a subcontractor or
signatory on a contract;
(c) Contracts of an emergency nature; and
(d) Contractual obligations or applicable grant provi-
sions, which preclude any or all of these procedures. The
Mayor, with cause, may also waive any or all of these
requirements for specific contracts.
Sec. 24-12-9. Contract award. All awards for professional
service contracts, including those involving fees under $10,000
shall be made by the Mayor, upon recommendation of the responsi-
ble department head and after engineering and architectural
contracts have been reviewed and approved, as to form, by the
City Engineer and City Attorney, or his/her designee. However,
no contract shall be valid or binding on the City until the
applicable formalities provided in City ordinance and State law
have been completed.
SECTION 2. In the opinion of the City Council of Salt Lake
City, it is necessary to the peace, health and welfare of the
inhabitants of Salt Lake City that this ordinance become
effective immediately.
SECTION 3. This ordinance shall take effect upon its first
publication.
Passed by the City Council of Salt Lake City, Utah,
this 1st day of September , 1981.
CHAIRMAN
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ATTEST:
CITY RE DER
Transmitted to Mayor on - September 1. 1981
Mayor's Action:
....,"th........_ ,
MAYOR
ATTEST:
CITY RE RDER
( SEAL )
BILL 68 of 1981
Published 9/10/81
—7—
•
AnN-T',n
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
— Shana D. Conaty
Legal Notices Legal Notices
SALT LAKE CITY ORDINANCE
No.99°f'1981
(Contracting for Profdssional Services)
AN ORDINANCE AMENDING TITLE 24 OF THE RE Beingfirst dulysworn,deposes and says that he is legal
VISEO'ORDINANCES OF SALT'LAKE CITY UTAH,1M5, P �r�v T,� �+ Y g
RELATING TO MUNICIPAL GOVE RNMENT;.OV ADOIN(;A advertisingclerk of the DESERET NEWS, a daily
NEW CHAPTER 12 ENTITLED "CONTRACTING FOR p
PROF ESSIONALS y the CES (except Sunday) newspaper printed in the English
Dent ION 1etl by the City 24 al Oof Ravi Lake City,Ordinances
SECTION I Thal Title 24 1 the Revised he Ordinance:'.of
ml by A DING anew ChapterdlnesameneLontra,ameno- language with general circulation in Utah, and
troef:o°Oise awns't`eedasfepowe°1tl Cooffac0n9 10r published in Salt Lake City, Salt Lake County, in the
• Chapter 12 State of Utah.
. SectionONTRACTING FOR PROFESSIONAL SERVICES
24-12-1. -Professional services.
24-12-2. Notice and solicitation
24F2-4. Selection. That the legal notice of which a copy is attached hereto
2412-5. : Selection reviewCve cote.
24.12 S. ,Negettry minmiaec.
24.12 yy. :Negbrfatl Cofifract tee
24-12-7. 'Exceptions.
Y 2,9. coi°a'ctaward. ,. Pub notice of Ordinance #68 of 1981
Sec.24,12-1.Professional services.(1)Policy.It shalt.be
the policy of the Sall Lake City Cornoratien to negotiate agree,
wants for professional architectural,engineering or planning
services n the basis of demonstrated tom eetenre and°ualili
cation for the type of services required,at fair and reasonable
tees.It shall further be the policy)of the City to pultlibie an
flounceall re uirements for professional architectural. anal
n g and elanning:adrvice.c ec j22) Del foil ion- Architectural, engineering and facility
planning services pare those professional services(hereafter
"Professional Services")associated witti research,develop-
ment,design and construction,alteration,or repair 1real
roperly,aswell as incidental services that members of these
fessi tnsand those in their ppleo a IPaically or lu•tltl-
able p ,,Including.but not Ilmlted to-planning,
jr oestlga-
valesignns,consultations,planning,program-
mint,,surveys,
ost evlma designs, tans d pe cirelaeods, oicees,n-
me L c.t-12-2 N otI a and so nel9a"d,,ii r hired'the'awa
Sec.o4-t ac Norlsu and ofesSI oral era Prior re the shall
of any contract for such rage stt777anai the Cub shall
(hro"dy solicit and encourage p"Ilea r'';e'�'"°a'=°'firms waspublished in said newspaper on Sept. 10, 1981
ereafter applicants 1 o ee in the lawful Practice or to
chNecturat,e,retut ring or gplanning services to submit.state-
ents of current qualifiations'and performance data for
consideration for ceroieet l award.
° (2)Forget each project in which a contract for such profes-
sional services is contemplated,the City shall Make a solicita-
tion o Moe notice of the work opportunity,in writing,m
• rho following: •
p (o)The local offices of the American Institute of Arabi•
teats;
(b)The Consulting Engineers Council; Legal AdvertisingClerk
Icl The American Planning Association; g
fr (e The le American Intermountain Society Contractor Magazine;
'fr plan(f) Any ning erotetslonal soer ciety`d or association requesti a`In'l writ
s is to the City Recorder slrch notil lcari°n;and
d In addi
tion,oSu Such
herCity firms
s as de m leant appropriate
lit obe new City.
o. ire me this 29th. day of
per f general circulation in Salt Lake County a notice and
invitation to submit statement of qualifications an interest.
o lent than seven days prior to the dare said statement Is A.D. 19.81....
rot
Said statement shall provide the information Identified in
Section 24-12-3.However,nothing herein shall require the City
Illegive businesls`(°a vailed the professional
rofessy identified ion I`s 1rl they
or repre-
senting notin
-
1 g those engaged in providing the professional es !/
b e solicitation.
ot of t II (" /
r S the
Selection E f h ft. provided,the
bl department head shall select a minimumf three f
saoplicants for interview whiting to the notice and o' t lion,however,'1
cants
or less responses are received,all shall be interviewed. NotaryPublic
f The City shall p a Scope of Work,detailing
I c mplttele as possible,then ssec'ific pr°Iecr contemplated,all
(work to be performed by the selected be ace ant,and the time
home within which the work is to e, accomplished.shoed.lit the
env the Scope of Work should change,the City shall an•
'rely notify all applicants to be Interviewed by propere addodders
f dumIn making selections tar interviewing purposes,the follow
,og factors shall he considered:
(I) thetypC The extent off specialized
ecialie d oveerience of the Indlv(ddai
I or ll
12)The degree and depth of°rolessinnal qualifications
available through the applicant for performance of the servic-
es required;
(3)Past performance of the applicant on similar p ,cis,
"g
n 1 e d Salt Lake City projects in particular;nod
ldl Wllelher the applicant maintains an office an full
rime personnel within the State of Utah.
Bed for interview on the foregoing
ur Poses",criteria,
hallabe required
e ui ed toll bl,nlitll
intg tdetailedclf statement°e of Interests ndrhtidliticatlons,adones-
erview. Following thennder personal interviews,thon as a e°following
additional factors shall be considered for the purposesatI
es-
tablishing a preference ranking,together wit the torme.
honed factors and any other crber is appropriate to the PI plea
at hand:
(5)The c ressed desire of the applicant to perform me
work 1 ryetl;expressed
(ti The cair d any of me applicant to accomplish the work,
within the required time frame;
(]I The degree of.familiarity°'the applicant with the