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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.