[R.O. 2011 §135.010; Ord. No. 2005-107 §1, 10-18-2005]
The purpose of this Chapter is to establish rules and procedures
governing the procurement of material, supplies, equipment and services
for the City and to maintain a high ethical standard for all officers
and employees of the City in connection therewith.
[R.O. 2011 §135.020; Ord. No. 2005-107 §1, 10-18-2005]
A.
In
addition to any other power and duties conferred by this or any other
ordinance, the Purchasing Agent, with the concurrence of the Board
of Aldermen, shall:
1.
Act to procure for the City the highest quality in supplies and contractual
services at the least expense to the City.
2.
Prepare and adopt written specifications for all supplies and services,
as required.
3.
Prescribe and maintain such rules and regulations and such forms
as are necessary for the operation of the purchasing function.
4.
Have the authority to declare vendors who default on their quotations
irresponsible bidders and to disqualify them from receiving any business
from the City for a stated period of time.
5.
Inspect or supervise the inspection of all deliveries with regard
to quantity, quality and conformance to specifications.
6.
Pursue all appropriate claims against the suppliers, shipper or carrier.
[R.O. 2011 §135.030; Ord. No. 2005-107 §1, 10-18-2005]
Except as provided in this Chapter, no City Officer or employee shall order the purchase of supplies or make any contract within the purview of this Chapter other than through the Purchasing Agent after approval by ordinance or resolution of the Board of Aldermen and execution of a written contract pursuant to Section 135.060, and any purchase ordered or contract made contrary to the provisions hereof shall not be approved and the City shall not be bound thereby. "Contract" means all types of agreements, regardless of what they may be called,
for the procurement or disposal of supplies, services or construction.
[R.O. 2011 §135.040; Ord. No. 2005-107 §1, 10-18-2005]
The Purchasing Agent 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
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).
[R.O. 2011 §135.050; Ord. No. 2005-107 §1, 10-18-2005]
A purchase order or contract shall be issued and become valid
only when countersigned by the Purchasing Agent who shall have previously
determined that there is a sufficient unencumbered balance in the
account of the using department to fund such purchase order or contract.
No such purchase order shall be issued or become valid without current
budget authorization.
[R.O. 2011 §135.060; Ord. No. 2005-107 §1, 10-18-2005]
A.
In accordance with Section 135.020, all negotiation for contracts and agreements where the cost to the City may exceed ten thousand dollars ($10,000.00) shall be conducted by or under the supervision of the Purchasing Agent. The Purchasing Agent shall maintain a list of all such contracts and agreements currently under consideration or being negotiated and shall report the status and schedule for all negotiations to the Board of Aldermen at least once each month. The Board of Aldermen shall retain final authority for all negotiations and approval of contracts and agreements.
B.
All
contracts and agreements which obligate the City to expend funds shall
be in writing and approved as required by this Chapter prior to delivery
of supplies or services.
C.
All
contracts and agreements where the cost to the City exceeds fifty
thousand dollars ($50,000.00) shall be in a form approved and countersigned
by the City Attorney.
D.
Upon
approval of the Board of Aldermen, as evidenced by ordinance or resolution
appearing in the record of proceedings, the Mayor shall sign all instruments,
contracts, agreements, leases, deeds, mortgages, bonds and other instruments
binding the City or conveying an interest or other rights of the City
to any other corporation, association, entity or person.
E.
All
contracts must be countersigned by the Purchasing Agent.
F.
The
Purchasing Agent is hereby authorized to approve and sign purchasing
contracts and agreements to include, but not limited to, maintenance
agreements and equipment leases, when the cost to the City under such
contracts does not exceed ten thousand dollars ($10,000.00) and the
contracts or agreements are included as line items in the annual budget.
When the ten thousand dollar ($10,000.00) limit is exceeded, Board
of Aldermen approval is required.
G.
All
contracts must be for supplies or services covered by a category in
the budget for the current fiscal year as approved by the Board of
Aldermen. Any purchase for an item not provided for in the current
fiscal year budget must receive the prior approval of the Board of
Aldermen.
H.
Change Orders. The Purchasing Agent is authorized to approve
change orders in contracts awarded by the Board of Aldermen so long
as the proposed changes were initiated by the staff or a construction
manager under contract to the City, or are in response to conditions
unforeseen at the time the contract was awarded, the total cost of
the change orders does not exceed ten percent (10%) of the value of
the contract or an amount determined by the Board of Aldermen at the
time of the award of the contract, does not materially alter the purpose
of the contract and sufficient funds are available in the current
year's budget. The Purchasing Agent shall report all change orders
to the Board of Aldermen within thirty (30) days of their approval.
I.
Blanket Purchase Contracts. Blanket purchase contracts may
be used for vendors from whom many routine purchases are made. The
Purchasing Agent is authorized to expend funds exceeding ten thousand
dollars ($10,000.00) for supplies and services under a blanket purchase
contract for a fixed period of time that was approved by the Board
of Aldermen.
J.
Authorized Annual Contracts. The Purchasing Agent is also
authorized to approve annual contracts for the purchase of electric
service, telephone service, water service and gas service from current
providers of their services and for the renewal of computer software
licenses and maintenance contracts, so long as the total cost of the
annual contracts does not exceed the amount approved in the current
year's budget for the purpose.
[R.O. 2011 §135.070; Ord. No. 2005-107 §1, 10-18-2005]
A.
When
the City negotiates any purchase, sale or other contract, there shall
be provided ample opportunity for competitive bidding in the following
manner:
1.
If the consideration is not more than three thousand dollars ($3,000.00),
purchases shall be solicited in the most expedient manner with due
regard for competitive prices and quality.
2.
If the consideration is for more than three thousand one dollars
($3,001.00) but less than six thousand dollars ($6,000.00), at least
three (3) quotes shall be solicited by mail or telephone requests
from at least three (3) prospective vendors.
3.
If the consideration is for more than six thousand one dollars ($6,001.00)
but less than ten thousand dollars ($10,000.00), at least three (3)
written quotes shall be obtained.
4.
All purchases of supplies and contractual services estimated to cost
in excess of ten thousand dollars ($10,000.00) shall be obtained by
a process of formal written bids.
5.
Individual contracts or purchases shall not be subdivided for the
purpose of evading the requirement of competitive bidding. The procurement
of several items of the same type at substantially the same time is
a single purchase for the purpose of this Chapter.
B.
Notwithstanding any of the provisions of Subsection (A) of this Section, the City may, upon concurrence of a majority vote of the members of the Board of Aldermen, enter into any contract for the purchase of goods or services without utilizing the bidding procedures as herein described, when, in the opinion of the Board of Aldermen, such extension is deemed to be in the best interest of the City.
[Ord. No. 1482 §1, 9-6-2016]
[R.O. 2011 §135.080; Ord. No. 2005-107 §1, 10-18-2005]
A.
The
Purchasing Agent and all parties contracting with the City shall follow
the following procedures in relation to all bids submitted:
1.
All public notices and invitations to bids shall state the time and
place for opening.
2.
All bids shall be submitted sealed to the City Official designated
in the invitation to bid and shall be identified as a "bid" on the
envelope.
3.
All sealed bids shall be opened in public in the presence of one
(1) or more witnesses at the time and place stated in the public notice.
4.
A tabulation of all bids received as well as each bid shall be available
in the City Hall for public inspection.
5.
The Board of Aldermen shall have authority to reject any and all
bids or any parts of any bids and may readvertise or resolicit bids
whenever the Board deems it to be in the best interest of the City.
Invitations to bid shall state this policy.
6.
A written request for the withdrawal of a bid or any part thereof
shall be granted if the request is received by the Purchasing Agent
prior to the specified time bids are due. Bids, amendments to bids
or request for withdrawal of bids received by the Purchasing Agent
after a bid opening has commenced shall not be considered.
7.
When deemed necessary by the Purchasing Agent, bid deposits may be
required. The deposits may be required to be in the form of a certified
check or bid bond and may be for an amount not exceeding ten percent
(10%) of the amount of the bid. When so required, all bids not accompanied
by such deposit shall be rejected. Such bid deposit shall be returned
to all bidders upon execution of a contract with or issue of a purchase
order to the successful bidder. A successful bidder shall forfeit
his/her deposit if he/she fails to enter into a contract within twenty
(20) days after notification of the acceptance of his/her bid.
[R.O. 2011 §135.090; Ord. No. 2005-107 §1, 10-18-2005]
A.
The
following describes procedures to be followed by the City in selecting
construction contractors for projects. "Construction" means the process of building, altering, repairing, improving or
demolishing any public infrastructure facility, including any public
structure, public building or other public improvement of any kind
to real property. It does not mean the routine operation, routine
repair or routine maintenance of any existing public infrastructure
facility, including structures, buildings or real property. 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 the 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 person authorized to receive bids.
c.
The place, date and hour of bid opening, restrictions on submission,
changes and withdrawal of bids.
d.
Character of bids: Phasing, unit-price, lump-sum, alternates, etc.
e.
Quantities involved in the project.
f.
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.
g.
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.
h.
Conditions of contract award and the owner's right to accept the
lowest responsible bid and to reject any or all bids.
i.
Name of the consultant and the authorized representative for the
owner and consultant.
j.
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.
Any incentives or bonus authorized by the Board of Aldermen for early
completion of the project.
f.
Responsibility for accuracy of bidding information in reference to
subsoil data, test borings, errors in plans and specifications, etc.
g.
Information on formalities and informalities in accepting or rejecting
bids.
h.
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 City 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 the 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 City and
signed by the consultant and the City's representative.
a.
The addendum shall be delivered, either by the City 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 or overnight delivery
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.
[R.O. 2011 §135.100; Ord. No. 2005-107 §1, 10-18-2005]
A.
The
Board of Aldermen reserves the right to reject any or all bids and
to award the bid in the best interest of the City. The City may readvertise
or resolicit bids whenever it is deemed to be in the best interest
of the City. Contracts shall be awarded to the lowest responsible
bidder. In determining the "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 service.
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 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.
[R.O. 2011 §135.110; Ord. No. 2005-107 §1, 10-18-2005]
A.
Bid Security. Bid security, in the form of a bond
provided by a surety company authorized to do business in Missouri,
or the equivalent in cash, shall be required for all competitive sealed
bidding for construction contracts. Bid security shall be in an amount
equal to at least five percent (5%) of the amount bid. After bids
are opened, they shall be irrevocable for the period specified in
the invitation for bids. The bid security shall be forfeited to the
City if the bidder to whom an award is made fails to enter into the
required contract or fails to deliver a required performance or payment
bond.
B.
Contract Performance And Payment Bonds. When a construction
contract is awarded, the following bonds or security shall be delivered
to the City and shall become binding on the parties upon execution
of the contract:
1.
A performance bond satisfactory to the City Attorney, executed
by a surety company authorized to do business in Missouri and having
a rating of at least "A-" from A.M. Best, in an amount equal to one
hundred percent (100%) of the portion of the contract that does not
include the cost of operation, maintenance and money, along with;
and
[Ord. No. 1243 §1, 9-3-2013]
2.
A payment bond satisfactory to the City Attorney, executed by
a surety company authorized to do business in Missouri and having
a rating of at least "A-" from A.M. Best, for the protection of all
persons supplying labor and material to the contractor or its subcontractors
for the performance of constriction work provided for in the contract.
The bond shall be in an amount equal to one hundred percent (100%)
of the portion of the contract price that does not include the cost
of operation, maintenance and money.
[Ord. No. 1243 §1, 9-3-2013]
3.
4.
Return of bid surety. Bonds and checks shall
be returned to the unsuccessful bidders after an award has been made
or bids have been rejected.
[R.O. 2011 §135.120; Ord. No. 2005-107 §1, 10-18-2005]
A.
Immediately
after a construction contract has been fully executed and before construction
begins, the City, consultants and contractor shall meet to do the
following:
1.
Meet with subcontractors and the superintendent for the project.
2.
Get acquainted and discuss the several phases of the project so that
when understood by all the job will run smoothly.
3.
To establish lines of communication and lines of authority to be
followed during construction.
4.
To discuss items of interest and concern to all.
[R.O. 2011 §135.130; Ord. No. 2005-107 §1, 10-18-2005]
A.
In
the event that there is only one (1) firm, company or individual capable
of providing a particular service or supplies, requirements contained
above shall not be applicable and the Purchasing Agent is authorized
to proceed with the purchase of such services or supplies as are required
by the City. The determination that there is only one (1) source for
the required service or supplies must be made in writing by the requesting
department head and approved by the Purchasing Agent.
The following items may be approved for sole source procurement:
1.
Interface upgrades, add-on parts and components to existing, City-owned
equipment that requires total compatibility assurance; license renewals
for City-owned software and repair and maintenance for City-owned
equipment and software for which it is technologically and cost effective
to procure from the original seller or manufacturer;
2.
Materials for resale in City concession operations that are purchased
in response to customer demands;
3.
Spot market purchases that are evidenced to provide a substantial
savings to the City and that are approved by the Purchasing Agent.
Any purchase of a dollar amount requiring Board of Aldermen approval
shall be submitted for review at the next scheduled Board meeting;
4.
Specialized computer software for network applications that have
been technically reviewed, tested and justified by the City's information
technologies division and that are obtainable from a single source.
This shall not apply to individual PC software obtainable from multiple
suppliers; or
5.
Professional services as determined by the head of the using department.
[R.O. 2011 §135.140; Ord. No. 2005-107 §1, 10-18-2005]
A.
It
is the policy of the City of Riverside, Missouri, to encourage the
purchase of products manufactured or assembled or produced in the
United States.
B.
The
Mayor shall certify in writing pursuant to the Missouri Domestic Products
Procurement Act that the City of Riverside has adopted a formal written
policy to encourage the purchase of products manufactured, assembled
or produced in the United States.
C.
It
is the intent of the Board of Aldermen that, by virtue of the adoption
of the policy stated in this Section, Section (3) of the Missouri
Domestic Products Procurement Act shall not apply to the City, pursuant
to the provisions of that Act.
[R.O. 2011 §135.150; Ord. No. 2005-107 §1, 10-18-2005]
The Purchasing Agent shall issue rules and regulations regarding
minor purchases with petty cash funds. Purchase with these funds can
be made without a purchase order directly from the vendor and paid
for from the departmental petty cash fund. Departments may replenish
petty cash at reasonable intervals.
[R.O. 2011 §135.160; Ord. No. 2005-107 §1, 10-18-2005]
In case of an emergency which requires immediate purchase of
supplies or contractual services when the immediate procurement of
such supplies is essential to prevent delays which might adversely
affect the health, welfare or convenience of the citizens of the City
or cause substantial disadvantage to the City, the Purchasing Agent
may authorize the purchase, at the lowest obtainable price, of any
supplies or contractual services not in excess of ten thousand dollars
($10,000.00) without requiring formal competitive bids. The Board
of Aldermen must approve negotiated procurement of supplies and services
of a value in excess of ten thousand dollars ($10,000.00) when formal
competitive bids are not obtained.
[R.O. 2011 §135.170; Ord. No. 2005-107 §1, 10-18-2005]
The Purchasing Agent shall have the authority to join with other
units of government in cooperative purchasing when the best interest
of the City would be served. The requirements of this Section therefore,
relative to competitive bidding, shall not apply to purchases made
through or with the State of Missouri or any other governmental jurisdiction
which operates a cooperative procurement program and will allow the
City to purchase goods or services that the jurisdiction has made
available following the completion of its own internal purchasing
procedures.
[R.O. 2011 §135.180; Ord. No. 2005-107 §1, 10-18-2005]
The competitive bidding requirements of this Section shall not
apply to professional services and the requirements herein shall not
be required in the employment of professional services including,
but not limited to, physicians, attorneys, engineers, certified public
accountants, planners and land surveyors. The Purchasing Agent is
authorized to request proposals from capable professionals within
a required discipline. In securing professional services, it is the
primary goal of the City to obtain the services of a professional
who has a proven record of providing, in a professional way, those
services required. The Purchasing Agent shall make a recommendation
to the Board of Aldermen for the procurement of professional services
when the fee for such services will exceed ten thousand dollars ($10,000.00).
The Board of Aldermen shall then approve or designate one (1) or more
such persons or companies for negotiation. The Purchasing Agent may
approve professional service fees of ten thousand dollars ($10,000.00)
or less.
[R.O. 2011 §135.190; Ord. No. 2005-107 §1, 10-18-2005]
A.
All
using departments shall submit to the Purchasing Agent reports showing
stock of all supplies, materials and equipment which are no longer
used or which have become obsolete, worn out or scrapped.
B.
The
Purchasing Agent shall have the authority to transfer surplus supplies,
materials and equipment to other using departments, or he/she shall
have the authority to exchange such personal property on new supplies,
materials and equipment.
C.
Surplus,
unusable or obsolete supplies, materials and equipment whose estimated
value is in excess of five thousand dollars ($5,000.00) shall be sold
by formal written bids or public auction to the best responsible bidder
after due notice.
D.
Sales
of surplus, obsolete or unusable personal property valued at less
than five thousand dollars ($5,000.00) shall be made in the open market
and in accordance with procedure set forth for open market purchases.
Sale of these items may also be made by public auction.
[R.O. 2011 §135.200; Ord. No. 2005-107 §1, 10-18-2005]
A.
No
officer or employee of the City shall participate in a contract for
supplies or services when that person knows that:
1.
The officer or employee or any member of the officer's or employee's
immediate family has a financial interest pertaining to the contract;
or
2.
A business or organization in which the officer or employee, or any
member of the officer's or employee's immediate family, has a financial
interest pertaining to the contract.
3.
Any contract in which any officer or employee of the City has a financial
interest, directly or indirectly, shall be void, except when the contract
is awarded as a result of open bidding.
B.
Every
officer and employee of the City shall not directly or indirectly
solicit any gift or accept or receive any gift, whether in the form
of money, services, loans, promises or any other form, under circumstances
in which it could reasonably be inferred that the gift was intended
to influence them, or could reasonably be expected to influence them,
in the performance of their official duties or was intended as a reward
for any official action on their part.
[R.O. 2011 §135.210; Ord. No. 2005-107 §1, 10-18-2005]
A.
Scope Of Regulations. These regulations are applicable to
all travel expenses incurred on behalf of the City by employees and
officials. Where these regulations do not adequately cover a travel
situation, the Purchasing Agent shall adopt such rules and regulations
as may be necessary.
B.
Use Of Private Vehicles. Private vehicles may be used for
travel on City business when so authorized. Reimbursement shall be
equivalent to the standard mileage rate allowed for business use by
the Internal Revenue Service, plus tolls and parking.
C.
Use Of Commercial Carriers. Commercial airfares shall be
limited to "coach" or "economy" fares when such services are available.
Reimbursement shall be equivalent to the cost of the fare, plus associated
airport parking and/or ground transportation.
D.
Alternative Travel Arrangements. The Purchasing Agent in
advance of the travel may approve alternative arrangements for out-of-state
travel. Alternative travel payments shall be limited to the reimbursement
of actual expenses in an amount not greater than (B) or (C) above.
[R.O. 2011 §135.220; Ord. No. 2005-107 §1, 10-18-2005]
No contract shall be subdivided to avoid the requirements of
this Chapter.
