HomeMy WebLinkAboutPolicy 21 - Policy for Selection of Professional ConsultantsOTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy
Number
Date
Adopted
Date
Revised
POLICY FOR SELECTION OF PROFESSIONAL
CONSULTANTS 21 08/01/90 11/01/17
Page 1 of 6
I.PURPOSE
The purpose of this policy is to establish procedures governing the
selection of professional consultants needed for District
Engineering projects.
II.SCOPE
This policy is applicable to selection of Professional Consultants
needed for Engineering projects.
III.POLICY
For the purpose of this policy, “professional consultants” means
any “Firm” qualified and authorized to provide “architectural,
landscape architectural, engineering, environmental, and land
surveying services,” or “construction project management,” or
“environmental services,” as each of those terms or services is
defined in the California Government Code, commencing with Section
§4525, as hereinafter amended or renumbered (the “Professional
Services Provisions”).
This Policy provides a method and procedure pursuant to which
professional consultants in engineering, architectural, landscape
architectural, environmental, land surveying, and construction
management, including plan checking, inspection, and projects
requiring a special expertise, may be retained from the private
sector to augment the District's professional capabilities or for
the performance of specialized services not available to the
District from the existing District workforce.
Services provided to the District by professional consultants may
cover a wide range of professional activity, including, but not
limited to, studies, special reports, design, and related activi-
ties on such projects as pipelines, pump stations, reservoirs,
planning studies, and other expert testimony capabilities.
Pursuant to the Professional Services Provisions, and particularly
the provisions of the California Government Code Section §4526, the
Otay Water District may adopt procedures that assure that
professional services are engaged on the basis of demonstrated
competence and qualifications for the types of services to be
performed and at fair and reasonable prices. Furthermore, maximum
participation of small business firms, as defined in Government
Code Section 14837, and disadvantaged business enterprises (DBEs)
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy
Number
Date
Adopted
Date
Revised
POLICY FOR SELECTION OF PROFESSIONAL
CONSULTANTS 21 08/01/90 11/01/17
Page 2 of 6
shall be encouraged. Government Code Section 14837 defines "small
business" as a business in which the principal office is located in
California and the officers of such business are domiciled in
California, which is independently owned and operated and which is
not dominant in its field of operation.
IV.METHOD OF SELECTION OF PROFESSIONAL CONSULTANTS
A.Major Projects - Anticipated Fee Greater than $200,000
1.The District will advertise in at least one local
newspaper of general circulation, on the District’s
webpage, and through CWA’s Small Contractor Outreach and
Opportunities Programs, and any other medium deemed
appropriate by the Project Manager, before a Request for
Proposal (RFP) is issued. Interested parties will be
required to submit a Letter of Interest and a Statement
of Qualifications within the timeframe specified in the
publication. The “Statement of Qualifications” shall be
a written document, shall contain background information
on the firm that is current as of the date of submission
of the statement and must highlight the work, expertise,
and experience that qualify the firm to undertake the
work required by the District, as such work is described
in the publication.
2.All parties who submit Letters of Interest and a Statement
of Qualifications, and are deemed qualified as a result
of the Statement of Qualifications process, will receive
a copy of the RFP. Proposals will only be accepted from
those firms that submitted the Letter of Interest and the
Statement of Qualifications within the timeframe
specified in the publication. The form of the proposal
will be prescribed by the District. If a firm has
submitted a Statement of Qualifications within a calendar
year and the qualifications remain correct and accurate,
then only a Letter of Interest will suffice.
3.The General Manager and the appropriate department
head(s) shall approve the selection criteria and the
associated weighing factor to be used in evaluating the
proposals accepted by the District, in accordance with
Paragraph 2, above. The General Manager, or his/her
designee, shall appoint a review panel of no fewer than
five qualified staff to review and evaluate the
proposals, and to rank the firms in the order from most
qualified to least qualified. The Project Manager may be
part of the review panel, if the General Manager or
his/her designee (other than the Project Manager) opens
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy
Number
Date
Adopted
Date
Revised
POLICY FOR SELECTION OF PROFESSIONAL
CONSULTANTS 21 08/01/90 11/01/17
Page 3 of 6
and scores the cost proposal. The review panel will not
be provided any information about the cost proposal score
and will interview only those firms, which in the panel’s
opinion, appear to have the most desirable
qualifications. If, in the opinion of the panel, none of
the firms are qualified, all proposals may be rejected.
In the event of an unusual project, which poses special
problems beyond the scope previously encountered by staff
personnel, the review panel may be augmented by an
unbiased, qualified member of the profession being
considered, so long as he/she has not and will not submit
a proposal.
4.If a firm is rejected on the basis of its proposal, and
is not asked to appear for an interview, the firm may
appeal the decision by submitting a protest to the General
Manager or his/her designee. A copy of the proposal shall
be submitted with the protest. The protest shall be filed
within five business days of the rejection notification.
The protest shall provide a compelling reason why the
firm believes the original proposal contained all
relevant experience or other requested information. If
the General Manager, or his/her designee, concurs with
the appellant, the firm shall be added to the interview
list.
5.Immediately upon conclusion of oral interviews, the
review panel’s oral scores will be combined with the
written proposals scores and shall designate the order of
preference of the candidates.
6.The department head designated by the General Manager, or
his/her designee, shall commence negotiations of an
agreement with the first choice of the review panel for
the extent of service to be rendered and the compensation.
If agreement is not reached within a reasonable time, the
department head shall terminate the negotiations with the
first choice and shall open negotiations with the second
choice of the review panel and so on until a firm is
retained or the list of selected firms is exhausted. Pro-
fessional societies and organizations have published
schedules of fees for professional services, which may be
used as a guide following adjustment to reflect the actual
scope of work expected of the firm selected.
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy
Number
Date
Adopted
Date
Revised
POLICY FOR SELECTION OF PROFESSIONAL
CONSULTANTS 21 08/01/90 11/01/17
Page 4 of 6
B.Intermediate Projects - Fees of $50,000 to $200,000
1.The process for selecting consultants for intermediate
projects shall be the same as prescribed in Sections IV-A
and V of this policy, with the exception of formal
interviews of the highest ranked consultants, which are
not required and subject to other applicable exceptions
described below.
C.Minor Projects – Fees up to $50,000
1.The process for selecting consultants for minor projects
shall be the same as prescribed in Sections IV-A and V of
this policy, with the exceptions noted below:.
(a)The District will advertise on the District’s
webpage, BidSync, and through any other medium
deemed appropriate by the Project Manager, before a
(RFP) is issued.
(b)The General Manager, or his/her designee, shall
appoint a review panel of no fewer than three
qualified staff to review and evaluate the
proposals, and to rank the firms in the order from
most qualified to least qualified.
(c)Formal interviews of the highest ranked consultants
are not required.
V.PROCEDURAL REQUIREMENTS FOR SELECTION OF CONSULTANTS FOR MAJOR,
INTERMEDIATE, AND MINOR PROJECTS
1.The appropriate department head receives proposals from all
interested parties; which are defined as consultants that have
submitted a Letter of Interest and a Statement of
Qualifications as defined in Section IV-A-1.
2.The evaluating panel shall consider the qualifications and
demonstrated experience of the prospective consultants as well
as the fee proposed by each firm to provide the services as
requested in the RFP. The panel will determine which firm
offers the best value for the work required. Such
determination will be made with due consideration to all
factors, including the qualifications, approach to the scope
of work, and experience of the consultant, relative to the
project as measured in the score matrix. The weight assigned
to each factor under consideration will be reflected in the
score matrix included in the RFP.
3.A review panel is appointed in accordance with this policy.
Review panel member names are not made available to consultants
prior to a call for interview.
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy
Number
Date
Adopted
Date
Revised
POLICY FOR SELECTION OF PROFESSIONAL
CONSULTANTS 21 08/01/90 11/01/17
Page 5 of 6
4.The first choice of the review panel is called for negotia-
tion. If an agreement cannot be negotiated, the first choice
will be dismissed from further consideration on that par-
ticular project. Following the dismissal of the first choice,
negotiations will commence with the second choice.
5.The District’s Project Manager evaluates and contacts the
references provided by the consultant and evaluates the past
performance, if exists, on District’s projects, as well as
internet search about the company making it part of the
recommendation to the Board.
6.A successful negotiation shall result in presentation by the
department head to the General Manager or his/her designee, of
a professional agreement signed by the selected firm. The
agreement may provide for differing methods of compensation
based upon the type of work to be performed. "Per diem" or
"hourly" compensation is the general rule when specific scope
of work is yet to be determined. This type of compensation
should carry a stated maximum amount, which will not be
exceeded except by prior District approval. Fixed-fee or
cost-plus-fixed-fee compensation is commonly used after scope
of work has been explicitly identified. Compensation is paid
as services are performed rather than in advance.
7. All contracts in excess of the amount authorized by the Board
to the General Manager, or his/her designee, in accordance
with Section 2.01 of the District’s Code of Ordinances, shall
be submitted to the Board for consideration.
8.All agreements for professional services shall provide for the
management phase of the resulting contract. A single Project
Manager shall be designated by the consultant and a liaison
manager shall be designated by the District for purposes of
contract administration.
9.Late responses or untimely responses by prospective candidates
should not be considered for further action. The ability to
respond to a publication or an invitation for consideration in
a timely and responsive manner is essential to a future satis-
factory contract relationship.
10.All proposed contracts shall be reviewed by the District's
Legal Counsel and approved as to form prior to presentation to
the General Manager or his/her designee.
11.The department head shall ensure that other departments, which
have a proper interest in the work under consideration, are
kept informed as to the progress of the work and that user
OTAY WATER DISTRICT
BOARD OF DIRECTORS POLICY
Subject Policy
Number
Date
Adopted
Date
Revised
POLICY FOR SELECTION OF PROFESSIONAL
CONSULTANTS 21 08/01/90 11/01/17
Page 6 of 6
decisions and desires are constructively considered within the
constraints of financial and practical limitations.