City of Oronogo, MO
Jasper County
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Table of Contents
Table of Contents
[CC 1994 §25.010; Ord. No. 94.10, 5-16-1994]
A. 
The City Clerk, Public Works Supervisor and Chief of Police are hereby designated as Purchasing Agents for the City. They, when authorized by the Board of Aldermen, shall procure for the City bids for supplies and services need by the City in accordance with the procedures prescribed by this Chapter or required by law.
1. 
Except as provided in this Chapter, it shall be unlawful for any officer or employee to purchase supplies or make any contract within the purview of this Chapter other than through the Purchasing Agents, and any purchase ordered or contract made contrary to the provisions hereof shall not be approved by City Officials, and the City shall not be bound thereby.
[CC 1994 §25.020; Ord. No. 94.10, 5-16-1994]
A. 
In addition to the purchasing authority conferred in the preceding Section, and in addition to any other powers and duties conferred by this Code or other ordinance, the purchasing agent shall:
1. 
Act to procure for the City the highest quality in supplies and contractual services at the least expense to the City.
2. 
Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases and sales.
3. 
Keep informed of current developments in the field of purchasing, prices, market conditions and new products, and secure for the City the benefits of research done in the field of purchasing by other governmental jurisdictions, national technical societies, trade associations, and by private businesses and organizations.
4. 
Exploit the possibilities of buying "in bulk" so as to take full advantage of discounts.
5. 
Act so as to procure for the City all Federal and State tax exemptions to which it is entitled.
6. 
Have the authority to declare vendors who default on their quotations irresponsible bidders and to disqualify them from receiving any business from the municipality for a stated period of time.
[CC 1994 §25.030; Ord. No. 94.10, 5-16-1994]
A. 
Each City department or agency shall file with a purchasing agent detailed requisitions or estimates of their requirements in supplies and contractual services in such manner, at such times, and for such future periods as the City Clerk shall prescribe.
1. 
A City department or agency shall not be prevented from filing, in the same manner, with the City Clerk at any time a requisition or estimate for any supplies and contractual services, the need for which was not foreseen when the detailed estimates were filed.
2. 
The purchasing agent shall examine each requisition or estimate and shall have the authority to revise it as to quantity, quality, or estimated cost.
[CC 1994 §25.040; Ord. No. 94.10, 5-16-1994]
No officer or employee of the City shall transact any business in his/her official capacity with any business entity of which he/she is an officer, agent or member or in which he/she owns a substantial interest; nor shall he/she make any personal investments in any enterprise which will create a substantial conflict between his/her private interest and the public interest; nor shall he/she or any firm or business entity of which he/she is an officer, agent or member, or the owner of substantial interest sell any goods or services to any business entity which is licensed by or regulated in any manner by the City.
[CC 1994 §25.050; Ord. No. 94.10, 5-16-1994]
No officer or employee of this City shall enter into any private business transaction with any person or entity that has a matter pending or to be pending upon which the officer or employee is or will be called upon to render a decision or pass judgment. If any officer or employee is already engaged in the business transaction at the time that a matter arises, he/she shall be disqualified from rendering any decision or passing any judgment upon the same.
[CC 1994 §25.060; Ord. No. 94.10, 5-16-1994]
Any person who violates the provisions of Section 135.050 shall, upon conviction thereof, be punished as provided in Section 100.220 of this Code.
[CC 1994 §25.070; Ord. No. 94.10, 5-16-1994]
The purchasing agents and every other officer and employee of the City are expressly prohibited from accepting, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is, or might be awarded any rebate, gift, money, or anything of value whatsoever, except where given for the use and benefit of the City. Violation of the provisions of this Section shall upon conviction thereof be punished as provided in Section 100.220 of this Code.
[CC 1994 §25.080; Ord. No. 94.10, 5-16-1994]
All purchases of, and contracts for supplies and contractual services, and all sales of personal property which has become obsolete and unusable shall, except as specifically provided herein, be based wherever possible on competitive bids.
[CC 1994 §25.090; Ord. No. 94.10, 5-16-1994; Ord. No. 19-43, 11-25-2019]
All supplies and contractual services, except as otherwise provided in this Chapter, when the estimated cost thereof shall exceed one thousand five hundred dollars ($1,500.00) but shall not exceed five thousand dollars ($5,000.00), shall be purchased by approval of the Mayor or in the absence of the acting Mayor the Mayor Pro Tem may approve. All supplies and contractual services, except as otherwise provided in this Chapter, when the estimated cost thereof shall exceed five thousand dollars ($5,000.00), shall be purchased by formal, written contract from the lowest responsible bidder, after due notice inviting proposals upon approval by a majority of the Board of Aldermen. All sales of personal property which has become surplus, obsolete or unusable, when the estimated value shall exceed five thousand dollars ($5,000.00), shall be sold by formal written contract to the highest responsible bidder, after due notice inviting proposals upon approval by a majority of the Board of Aldermen.
[CC 1994 §25.100; Ord. No. 94.10, 5-16-1994]
A. 
The notice required by the proceeding Section shall consist of the following:
1. 
Notice inviting bids shall be published once in at least one (1) official newspaper and at least five (5) days proceeding the last day set for the receipt of proposals. The newspaper notice required herein shall include a general description of the articles to be purchased or sold, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.
2. 
The purchasing agents shall also solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a "bidder's list", which the purchasing agents shall maintain, by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase or sale. In any case, invitations sent to the vendors on the bidders' list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.
3. 
The purchasing agent shall also advertise all pending purchases or sales by a notice posted on the public bulletin board in the community center.
4. 
The purchasing agents shall also solicit sealed bids as may seem to them to be in the best interest of the City.
a. 
By direct mail request to prospective vendors.
b. 
By telephone.
[CC 1994 §25.110; Ord. No. 94.10, 5-16-1994]
Bids shall be submitted sealed to the City Clerk and shall be identified as bids on the envelope. They shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be posted for public inspection.
[CC 1994 §25.120; Ord. No. 94.10, 5-16-1994]
A. 
Contracts shall be awarded to the lowest responsible bidder. Bids shall not be accepted from, nor contracts awarded to, a contractor who in default on the payments of taxes, licenses or other monies due the City. In determining "lowest responsible bidder", in addition to price, the following shall be considered:
1. 
The ability, capacity and skill of the bidder to perform the contract or provide the service required;
2. 
Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;
3. 
The character, integrity, reputation, judgment, experience and efficiency of the bidder;
4. 
The quality of performance of previous contracts or services;
5. 
The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services;
6. 
The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
7. 
The quality, availability and adaptability of the supplies or contractual services to the particular use required;
8. 
The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
9. 
The number and scope of conditions attached to the bid.
[CC 1994 §25.125; Ord. No. 94.10, 5-16-1994]
All bids shall be accepted or rejected by the Board of Aldermen. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be entered upon the journal of the Board.
[CC 1994 §25.130; Ord. No. 94.10, 5-16-1994]
A. 
If all bids received or the lowest bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder.
1. 
Where there is no local low bidder, the award shall be made on the basis of a drawing of lots to be held in public.
[CC 1994 §25.140; Ord. No. 94.10, 5-16-1994]
A. 
All purchases of supplies and contractual services, and all sales of personal property which has become obsolete and unusable for which competitive bidding is not required by Section 135.090 of this Code shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by Section 135.110 for the award of formal contracts.
1. 
All open market purchases shall, whenever possible, be based on at least three (3) competitive bids, and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in Section 135.120.
2. 
The City shall solicit bids by:
a. 
Direct mail request to prospective vendors;
b. 
By telephone; and
c. 
By public notice posted on the bulletin board of the City Hall.
3. 
The City Clerk shall keep a record of all open market orders and the bids submitted in competition thereon, and such records shall be open to public inspection.
[CC 1994 §25.150; Ord. No. 94.10, 5-16-1994]
In case of an apparent emergency which requires immediate purchase of supplies or contractual services, the Board of Aldermen may authorize the purchase at the lowest obtainable price any supplies or contractual services regardless of the amount of the expenditure. A full explanation of the circumstances of an emergency purchase shall be recorded in the journal of the Board of Aldermen.
[CC 1994 §25.160; Ord. No. 94.10, 5-16-1994]
To the maximum extent practicable, the purchases of this City shall be made under the provisions of the Missouri State Local Technical Services Act. The provisions of this Chapter requiring competitive bidding at the local level shall not apply to such purchases.
[Ord. No. 09.31 §1, 10-26-2009]
Policies and procedures for selecting professional services and for bidding construction projects are hereby established as follows:
Policies and procedures for selecting professional service firms including architectural, engineering and land surveying firms:
The following describes policies and procedures to be used by City in selecting professional service firms. Professional service firms including, but not limited to, architectural, engineering and land surveying firms shall be referred to as "firms".
[Ord. No. 09.31 §1(A), 10-26-2009]
It shall be the policy of City to negotiate contracts with firms for services on the basis of demonstrated competence and qualifications for the type of services required and at fair and reasonable fees.
[Ord. No. 09.31 §1(B), 10-26-2009]
A. 
It shall be the policy of City to encourage firms engaged in the lawful practice of their professions to annually submit statements of their qualifications and performance record. Whenever a proposed project requires the services of a firm, the City shall evaluate current statements of qualifications and performance records of firms on file together with those that may be submitted by other firms regarding the proposed project. The City shall use the following criteria in evaluating the qualifications of each firm:
1. 
The specialized experience and technical competence of the firm with respect to the type of services required.
2. 
The capacity and capability of the firm to perform the work in question, including specialized services, within the time limitations fixed for the completion of the project.
3. 
The past record of performance of the firm with respect to such factors as control costs, quality of work, and ability to meet schedules.
4. 
The firm's proximity to and familiarity with the area in which the project is located.
[Ord. No. 09.31 §1(C), 10-26-2009]
A. 
The Purchasing Agent shall compile and maintain a file of firms that are potential consultants for doing projects for City.
B. 
The Purchasing Agent shall prepare every six (6) months a list of all the firms used in the preceding year for review.
C. 
Each firm shall be evaluated within thirty (30) days after completing a contract with the City.
D. 
When a project is proposed, the principal department proposing the project shall prepare a description of the project, including the scope of work, the identification of applicable plans, a timetable and a budget.
E. 
The Selection Committee shall prepare a list of firms from the file for the proposed project. Selection of the firms shall be based upon preliminary review comparing the nature of the job with the experience of the firms and other significant factors.
F. 
The firms selected shall be sent a description of the project and a questionnaire designed to obtain more detailed information related to the firm's qualifications for the specific project. Selected firms from those responding to the questionnaire shall be interviewed by a Selection Committee.
[Ord. No. 09.31 §1(D), 10-26-2009]
The Selection Committee shall be appointed by the City Administrator. The Selection Committee shall be composed of the department director and at least two (2) additional members from other departments. This Committee shall review the information at hand and the principals of the firms. Whenever the project involves total expenditures of over five hundred thousand dollars ($500,000.00) or the anticipated expenditure for professional services being sought exceed ten thousand dollars ($10,000.00), all members of the Board shall be notified of the proceedings of the Selection Committee.
[Ord. No. 09.31 §1(E), 10-26-2009]
A. 
The Selection Committee shall select from the file for each project three (3) firms that are highly qualified to fulfill the proposed assignment in the best interest of the City. The firms shall be placed in ranked order.
B. 
The firm ranked first (1st) shall be asked to make a comprehensive written and oral presentation demonstrating its methods and experience related to the project, which principals shall be assigned to the project, the consultants to be used, a schedule of document preparation, estimating procedures, services to be rendered during construction, and any other information helpful in determining how well the particular firm is qualified to do the job.
C. 
The Selection Committee shall then reach a decision as to whether or not to proceed with fee negotiations with the selected firm. If the parties reach an agreement, a contract shall be prepared and the other firms shall be promptly advised.
D. 
If the first-ranking firm's proposal is not satisfactory, negotiations shall be initiated with the second-ranking firm. Again, if the negotiations are unsatisfactory, the Selection Committee shall negotiate with the third-ranking firm. If these negotiations prove unsatisfactory, the project shall be restudied and the City's expectations shall be re-examined before beginning the process again. If the process begins again, the Selection Committee shall compile a list of qualified firms and proceed in the same manner.
[Ord. No. 09.31, 10-26-2009]
A. 
The following describes procedures to be followed by the City in selecting construction contractors for projects. When construction documents have been completed and approved and the approved sets have been delivered to the appropriate City Official, the next step is the selection of a construction firm for the project. This contractor shall be selected as follows:
1. 
Competitive bids. The City shall seek competitive bids for projects by advertising and/or invitations to prospective contractors that the City intends to construct said project.
2. 
Advertising or invitation to contractors. To inform prospective bidders that a contract is to be awarded and invite bids for the proposed project, an advertisement shall be placed in a daily paper of general circulation. Items which may be included in the advertisement or invitation are:
a. 
A brief description of the project and its location.
b. 
Name and address of the owner.
c. 
Name and address of the person authorized to receive bids.
d. 
The place, date and hour of bid opening, restrictions on submission, changes and withdrawal of bids.
e. 
Character of bids. Phasing, unit-price, lump-sum, alternates, etc.
f. 
Quantities involved in the project.
g. 
The amount of the bid surety and whether it is to be by certified check, bid bond, etc., and provisions for returning surety to unsuccessful bidders.
h. 
Statement as to where plans and specifications may be obtained or examined and the charge or deposit required for each set and provision for recovery of charge or deposit when documents are returned.
i. 
Conditions of contract award and the owner's right to accept the lowest responsible bid and to reject any or all bids.
j. 
Name of the consultant and the authorized representative for the owner and consultant.
k. 
Contract surety. The amount and type of performance and payment bond.
3. 
Instructions to bidders. A document in which all bidders are furnished identical information on the features of the project along with instructions on the procedure to be followed in submitting bids. Items which may be included in the instructions to bidders are:
a. 
Bidder's experience, work record and or prequalification data.
b. 
Procedure for completing and submitting the bid.
c. 
A list of the plans and specifications and an estimate of quantities for unit-price contracts or an exact description of the scope of the project if contract is to be lump-sum.
d. 
An estimate of the time it will take the bidder to complete the project.
e. 
Responsibility for accuracy of bidding information in reference to subsoil data, test borings, errors in plans and specifications, etc.
f. 
Information on formalities and informalities in accepting or rejecting bids.
g. 
Miscellaneous instructions as needed.
4. 
Bid form. A document to ensure that all bids are prepared in a similar manner and to facilitate the analysis and comparison of bids and to detect informalities in the bids. It is a convenience to bidders and it encourages accuracy and fairness. Items which may be included in the bid form are:
a. 
An offer from the bidder to perform the work as specified for a given price.
b. 
An agreement to complete the project in a given number of days after the notice to proceed has been given.
c. 
The amount of the bid bond, certified check or other form of guarantee that is to accompany the bid.
d. 
An agreement by the bidder to furnish the required contract surety if the contract is awarded.
e. 
Provision for the bidder to acknowledge receipt of all addenda to the plans and specifications.
f. 
The list of subcontractors to be employed for special work.
g. 
The experience record, financial statement and plant equipment questionnaire, when required.
h. 
Statement that there is no collusion or fraud with reference to illegal relationships of bidders and representatives of the owner or consultant, bid pooling or straw bids.
i. 
Statement by the bidder that the site has been examined and the plans and specifications are understood by the bidder.
j. 
Appropriate signatures and witnesses as required.
5. 
Prebid conference. Preparatory to putting the bid together, a prebid conference may be held for those bidders anticipating submitting a bid on said project. The prebid conference is to do the following:
a. 
Allow bidders, both contractors and subcontractors, a chance to ask questions of those who prepared the plans and wrote the specifications.
b. 
Allow explanations and answers to questions to be given by those best qualified.
c. 
To allow scheduled prebid conference to be held midway between advertising for bids and the bid opening date.
d. 
To give additional opportunities so the site can be visited, if necessary.
6. 
Addenda. During the bidding period, any and all additional instructions, clarifications, interpretation or modifications shall be made by an addendum prepared by the consultant or owner and signed by the consultant and the owner's representative.
a. 
The addendum shall be delivered, either by the owner or the consultant, as agreed upon by the two.
b. 
A receipt shall be received for all hand delivered addendum by the deliverer. Addendum sent by mail shall be mailed by the fastest delivery method and shall be sent by registered mail with a signed receipt requested.
c. 
No one is authorized to make any clarifications, interpretations, or modifications or give any instructions to the bidders during the bidding period except as described in this Section on addenda.
7. 
Receiving and opening bids. Bids may be submitted at anytime after the project has been officially advertised or invitations extended and prior to the hour designated for the opening of the bids.
a. 
Bids submitted may be withdrawn or changed anytime before the official opening.
b. 
No changes are permitted after bids have been opened.
c. 
Bids shall be submitted on the proposal/bid form with all accompanying papers placed in a sealed envelope addressed to the person authorized to receive same and endorsed with the bidder's name and the title of the project.
d. 
All bids shall be opened and read aloud publicly at the proper time so that all bidders and others interested may be present as witnesses and/or to tabulate amounts.
8. 
Awarding the contract. After the bids have been opened, any consultant and the owner's representative shall meet to determine if a low and responsible bid has been received. The following shall be done:
a. 
A study of the qualifications of the bidders shall be made to determine if there are irresponsible and undesirable bidders and to eliminate same.
b. 
An analysis and comparison of bids shall be made to determine the lowest responsible bidder.
c. 
When a low and responsible bidder has been determined, the City shall proceed to obtain a contract with the lowest responsible bidder.
d. 
A formal notice of award shall be issued to the bidder notifying the bidder of his/her selection. The bidder shall be told of the time and place designated to sign the contract.
e. 
If the lowest responsible bidder is unable to execute a contract, the City shall proceed to execute a contract with the next responsible bidder. If this bidder is unable to execute a contract, the City shall continue the process with all responsible bidders if necessary.
f. 
The City shall have the right to use any or all of the bid security of any or all bidders to execute a contract when the bidder is unable to execute a contract for a project bid.
g. 
If the City decides to accept a bid other than the apparent low bid, this reason shall be clearly stated in writing giving the specific reasons.
h. 
After acceptance of the bid and the contract has been signed, a formal notice to proceed shall be forwarded to the contractor authorizing the contractor to begin work.
9. 
When low bid exceeds funds. Occasionally after opening bids, the lowest bid may exceed available funds. These are the possible alternatives when this happens:
a. 
The owner and any consultants shall meet with the low bidder to see if enough substitutes and changes can be realized to make constructing the project feasible and within the budget.
b. 
Rework the plans and specifications and reduce the scope of the project to allow bids within the budget.
c. 
Secure additional funds.
d. 
A combination of Subsections (9)(a) and (c). Negotiate as much as possible with the low bidder and secure additional funding (when other than State funds).
e. 
Rejection of all bids.
10. 
Preconstruction conference. Immediately after a construction contract has been fully executed and before construction begins, the owner, consultants and contractor shall meet to do the following:
a. 
Meet with subcontractors and the superintendent for the project.
b. 
Get acquainted and discuss the several phases of the project so that when understood by all, the job will run smoothly.
c. 
To establish lines of communication and lines of authority to be followed during construction.
d. 
To discuss items of interest and concern to all.