Selection Advisory Committee Ordinance

ARTICLE XVII
SELECTION ADVISORY COMMITTEE

Sections
7-17-1 Short Title
7-17-2 Selection of Services
7-17-3 Selection Advisory Committee
7-17-4 Ad Hoc Board
7-17-5 Publication of Proposed Projects
7-17-6 Method of Selection
7-17-7 Reserved
7-17-8 Promulgation of Rules and Regulations
7-17-9 Emergency Selection
7-17-10 Disclosure Statements

7-17-1 SHORT TITLE

This ordinance may be cited as the "Selection Advisory Committee" ordinance.
(48-1974)

7-17-2 SELECTION OF SERVICES

The selection of firms or persons to provide professional engineering, architectural, landscape architectural and other related professional services which will cost twenty-five thousand dollars ($25,000) or more shall be accomplished in accordance with the provisions of this ordinance. For the purposes of this ordinance, "Professional engineering, architectural, landscape architectural and other related professional services" means the performance of any professional service or creative work requiring engineering, architectural or landscape architectural education, training and experience, and the application of special knowledge of the mathematical, physical and engineering science, design or architectural principles to such professional services or creative work as consultation, investigation, evaluation, planning, design, observation of construction, surveying, photogrammetry and construction management.
(66-1976, 36-1983, 82-1986 66-1990)

7-17-3 SELECTION ADVISORY COMMITTEE

The Selection Advisory Committee shall be composed of five voting members and a non-voting Selection Advisory Committee Administrator as follows:

A. For Architectural Services:

1. The Director of the Department of the City of Albuquerque which is the user agency of the project or the designated staff alternate of the Department Director.
2. Three City employees, two of whom are registered in the State of New Mexico as Architects.
3. An architect who is registered in the State of New Mexico shall be appointed as a member by the Mayor from a panel which has been appointed by the Mayor with the advice and consent of the Council in the manner pre- scribed herein. Such member shall serve on the Selection Advisory Committee for a period of time designated by the Mayor, which period shall not exceed six consecutive months. The Mayor shall appoint a panel of three architects chosen from a list of names presented by the Albuquerque Chapter of the American Institute of Architects. All panel members shall be residents of the City of Albuquerque and shall notbe employees or officials of the City and shall not be contracting directly or indirectly through a subcontract with the City to perform architectural services for the City. The members of the panel of architects shall be appointed for three year unstaggered terms and shall be filled for the unexpired term by the same procedure used for the original selection and appointment of the member vacating the position.
4. Selection Advisory Committee administrator.

B. For Engineering Services:

1. The Director of the Department of the City of Albuquerque which is the user agency of the project or the designated staff alternate of the Department Director.
2. Three City employees, two of whom are registered in the State of New Mexico as Professional Engineers.
3. A professional engineer who is registered in the State of New Mexico shall be appointed as a member by the Mayor from a panel which has been appointed by the Mayor with the advice and consent of the Council in the manner prescribed herein. Such member shall serve on the Selection Advisory Committee for a period of time designated by the Mayor, which period shall not exceed six consecutive months. The Mayor shall appoint a panel of three professional engineers chosen from a list of names presented jointly by the National Society of Professional Engineers, Albuquerque Chapter, and the Consulting Engineers Council, New Mexico Section. All panel members shall be residents of the City of Albuquerque and shall not be employees or officials of the City and shall not be contracting directly or indirectly through a subcontract with the City to perform engineering services for the City. The members of the panel of professional engineers shall be appointed for three year unstaggered terms and shall be filled for the unexpired term by the same procedure used for the original selection and appointment of the member vacating the position.
4. Selection Advisory Committee administrator.

C. For Landscape Architectural Services.

1. The Director of the Department of the City of Albuquerque which is the user agency of the project or the designated staff alternate of the Department Director.
2. Three City employees, two of whom are registered in the State of New Mexico as Landscape Architects.
3. A landscape architect who is registered in the State of New Mexico shall be appointed as a member by the Mayor from a panel which has been appointed by the Mayor with the advice and consent of the Council in the manner prescribed herein. Such member shall serve on the Selection Advisory Committee for a period of time designated by the Mayor, which period shall not exceed six consecutive months. The Mayor shall appoint a panel of three landscape architects chosen from a list of names presented by the American Society of Landscape Architects. All panel members shall be residents of the City of Albuquerque and shall not be employees or officials of the City and shall not be contracting directly or indirectly through a subcontract with the City to perform landscape architectural services for the City. The members of the panel of landscape architects shall be appointed for three year un- staggered terms and shall be filled for the unexpired term by the same procedure used for the original selection and appointment of the member vacating the position.
4. Selection Advisory Committee administrator.

D. The Selection Advisory Committee Administrator shall be a City employee designated by the Mayor as responsible for all administrative functions associated with the Selection Advisory Committee as delineated in Rules and Regulations promulgated by the Mayor. The Selection Advisory Committee Administrator shall serve as the Chairperson of the Selection Advisory Committee.

E. The Selection Advisory Committee Administrator shall not call a meeting with less than two weeks notice to members unless the Administrator first polls all members and finds no objection to the meeting date proposed and a quorum of the members shall be present.

(2-1976, 66-1976, 71-1980, 26-1981, 82-1986, 66-1990)

7-17-4 AD HOC BOARD

In case of a project of unique or special nature, the Mayor may name an Ad Hoc Board to recommend to the Mayor firms or persons to provide professional engineering, architectural, landscape architectural and other related professional services required on the project. The Ad Hoc Board shall be comprised of the appropriate Selection Advisory Committee members augmented by a maximum of four additional voting members. If the Mayor elects to use this method of selection, the Council shall be advised of the reasons for the Ad Hoc Board, the names of the additional voting member(s) who would augment the Selection Advisory Committee, and the selection criteria. The Council shall review and approve the Mayor's recommendation of the establishment of an Ad Hoc Board and the additional voting member(s) who would augment the Selection Advisory Committee prior to any convening of the Board. The Selection Advisory Committee Administrator shall serve as the Chairperson of the Ad Hoc Board.
(48-1874, 82-1986)

7-17-5 PUBLICATION OF PROPOSED PROJECTS

Brief descriptions of proposed projects shall be published in an Albuquerque newspaper of general circulation at least twice, not less than one (1) week apart, with a due date for responses not less than one week after the second publication.
(48-1974, 82-1986)

7-17-6 METHOD OF SELECTION

A. Recommendation by Committee. The Selection Advisory Committee shall evaluate proposals received for each project by assigning points to evaluation criteria. For each project the User Department, in coordination with the Chairperson, shall determine the maximum points for each criterion according to adopted procedures. If interviews are conducted from a short list of respondents, interview project related items shall be determined by the Committee. Interviewee's responses to these items during their interview presentation to the Committee shall also be evaluated by assigning points to evaluation criteria which shall consist of the interview items, the overall quality of the presentation, and sub- sequent response to questions from committee members. The Committee shall submit the names of not more than three qualified professional firms or persons in the order in which they are recommended to the Mayor. Rankings shall be determined by the amount of points for each firm or person. If the Committee determines that there are less than three firms or persons qualified to provide the services, only those deemed qualified shall be recommended to the Mayor.

B. Recommendation by Mayor. For the purpose of review and approval by the Council as required by this Ordinance, the Mayor shall submit the Committee's or Ad Hoc Board's recommended list of qualified professional firms or persons to the Council and indicate the order in which they are recommended. If the order is different from the Committee's or Ad Hoc Board's, the Mayor shall explain the difference.

C. Approval by Council. The council shall approve or disapprove the recommendations made by the mayor. In the event the Council does not approve the Mayor's recommendations, the Mayor shall then recommend another firm or person for the number one ranking from the firms or persons recommended by the Committee or the Ad Hoc Board.

D. If the Mayor is unable to negotiate a satisfactory services agreement with the firm or person ranked number one based upon unreasonable delay or unreasonable cost, the Mayor shall formally terminate negotiations with such firm or person and the Mayor may undertake negotiations with the firm or person ranked number two. In the event that the Mayor is unable to negotiate a satisfactory services agreement with the firm or person ranked number two, the Mayor shall formally terminate negotiations with such firm or person and the Mayor may undertake negotiations with the firm or person ranked number three. In the event that the Mayor is unable to negotiate a satisfactory services agreement with the person ranked number three, the Mayor shall formally terminate negotiations with such firm or person. If, after the termination of negotiation with the firm or person ranked number three there still is a need for the services, the entire selection process shall be repeated.

E. In those instances where the Mayor is unable to negotiate a satisfactory service agreement with the firms or persons in their ranked order as approved by Council, the Mayor shall formally communicate with the City Council the reason for terminating negotiations in each case.

(2-1976, 4-1978, 71-1980 82-1986, 22-1990, 66-1990)

7-17-7 RESERVED  

7-17-8 PROMULGATION OF RULES AND REGULATIONS

The Mayor shall promulgate rules and regulations for the efficient and equitable administration of this ordinance. Such rules and regulations shall govern:

A. The procedures to be followed in the selection of firms or persons to provide professional engineering, architectural, landscape architectural and other related professional services which will cost less than twenty-five thousand dollars ($25,000).

B. The procedures to be followed by the Selection Advisory Committee in the selection of firms or persons to provide professional engineering, architectural, landscape architectural and other related professional services which will cost twenty-five thousand dollars ($25,000) or more.

(48-1874, 36-1983, 82-1986, 66-1990)

7-17-9 EMERGENCY SELECTION

When the Mayor determines that urgent and compelling reasons require emergency contractual professional engineering, architectural, landscape architectural and other related professional services, the Mayor, notwithstanding any provision contained herein, may approve such services, provided that the Mayor shall notify the Council of the action citing the compelling and urgent reasons therefor. The report required to be made to the Council by the Mayor, shall be submitted at the next regular meeting of the Council.
(48-1974, 82-1986)

7-17-10 DISCLOSURE STATEMENT

The Mayor shall cause to be incorporated into any contract between the City of Albuquerque and any firm or person performing professional engineering, architectural, landscape architectural and other related services, a disclosure statement wherein such firm or person shall affirm whether within the prior two years, it has made or agreed to make any valuable gift, whether in the form of service, loan, thing of promise, to any person or any of his immediate family, having the duty to recommend, the right to vote upon, or any other direct influence on the selection of firms or persons performing professional engineering, architectural, landscape architectural and other related services. Provided, however that campaign contributions as defined by the Election code of the City Charter shall not be considered as a valuable gift. In the event that the firm or person affirms having made or agreed to make any such valuable gift or refuses to make any disclosure or makes a false or misleading disclosure, the City of Albuquerque shall not enter into such contract or shall void such contract if it has already been entered into it with such firm or person.
(2-1976, 82-1986)

Ed. Note: Section 7-17-7, Performance Evaluation and Qualification File, was repealed by Ordinance No. 82-1986.