El Cajon Municipal Code Ch. 3.22 Professional Services Contracts

A. Unless otherwise provided, the city's selection of private architectural, engineering, environmental, land surveying, or construction project management firms for professional service shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required.

B. The provisions of this chapter shall not apply where the city manager determines that the services needed are of a technical nature and involve little professional judgment, and that selecting the lowest responsible bidder would be in the public's best interest.

(Ord. 4528 § 15, 1997)

The city manager or designee shall serve as the contracting agent for purposes of this chapter.

(Ord. 4528 § 15, 1997)

The city manager shall develop and maintain a procedure whereby architectural, engineering, environmental, land surveying and construction project management firms may submit annual statements of qualifications and performance data.

(Ord. 4528 § 15, 1997)

For each proposed professional contract:

A. The contracting agent shall establish the professional competence and qualifications necessary to be possessed by a firm in order to be awarded the proposed professional services contract. Professional competence and qualification may be determined in accordance with, but not limited to, the following factors:

1. The firm's experience and expertise in the field;

2. The quality of the firm's work;

3. The firm's ability to meet project deadlines; and

4. The firm's past performance on similar projects.

B. The contracting agent may publish a notice that the city is proposing to award a contract to obtain specified, professional services or, in the alternative, may directly solicit proposals from appropriate firms. Requests for proposals shall require the following information (when applicable):

1. The scope of work;

2. Plans and specifications;

3. A time schedule for the project;

4. An estimate or range for total cost;

5. Proof of insurance and/or other surety;

6. Proof of city business license or ability to obtain such license;

7. A list of employees who will be assigned to the project and their qualifications; and

8. Other special conditions related to the contract.

C. The contracting agent may discuss with one or more firms the alternative methods for providing the required services and may conduct further negotiations with one or more of the most qualified firms to fully clarify each firm's offer to provide services.

(Ord. 4528 § 15, 1997)

Any practices which might result in unlawful activity are prohibited, including, but not limited to rebates, kickbacks or other unlawful consideration. City employees are specifically prohibited from participating in the selection process when those employees have a relationship with a person or business entity seeking a contract pursuant to this chapter.

(Ord. 4528 § 15, 1997)

The contracting agent shall submit the proposal(s) of the most qualified firm or firms together with a recommendation to the city manager, or designee, for review and awarding of the professional services contract.

(Ord. 4528 § 15, 1997)