[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]
[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.
[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]
[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.
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.
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.
