Editor’s Note: Ord. No. 16-08-05 set out procurement
policies that only apply to procurement under Missouri Department
of Transportation Grants. This ordinance can be found on file in the
City offices.
[Ord. No. 20-06-08, 6-15-2020[1]]
A.
This
policy provides guidelines to be followed in purchasing goods and
services for the City of Excelsior Springs, Missouri. The City Manager
shall be responsible for enforcing this policy. These policies are
intended to promote increased efficiency, standardization of purchasing
procedures while obtaining supplies, equipment, and services as economically
as possible.
B.
All
purchasing will demonstrate a reasonable and good faith effort to
obtain goods and services at the lowest possible cost with the optimum
quality needed. Competition among suppliers shall be encouraged.
[1]
Editor's Note: Former Chapter 165, Purchasing Policy, which
derived from Ord. No. 13-01-01, was repealed 6-15-2020 by Ord. No.
20-06-08.
[Ord. No. 20-06-08, 6-15-2020]
As used in this Chapter, the following terms shall have these
prescribed meanings:
Any type of agreement, regardless of what it may be called,
for the procurement or disposal of supplies, services, or construction.
Actual billing received from the vendor. Invoices must indicate
the following to be processed for payment:
Used in non-construction, competitive bidding, such as equipment,
professional services, and supplies. An evaluation is completed that
weighs the amount of the bid with factors such as ability to perform,
timeliness, character and reputation, quality of past performance,
compliance with laws, quality and availability, future maintenance
and services, and compliance with bid specifications. Reviewer may
"score" bidders based on weighting that reflects which criteria is
most important to them. There must be written documentation to support
the selection. The term "lowest and best" is interchangeable with
"lowest, responsible bidder."
[Ord. No. 23-03-07, 3-20-2023]
A document issued by the accounting system that can be shared
with the vendor and shows that a financial obligation exists. A purchase
order should not be generated until all of the appropriate approvals
have been obtained.
An internal document generated by the accounting system which
documents items being purchased, quotations, and various approvals.
[Ord. No. 20-06-08, 6-15-2020]
A.
Consideration
should be given for goods and services purchased by the City from
merchants and business owners located in the City, unless:
1.
Such goods of like quality and services are not available in the
City, or
2.
The cost of such goods and services plus shipping and handling may
be purchased outside the City at a savings of five percent (5%) or
more; or
3.
An emergency exists and such goods or services are not immediately
available in the City;
4.
State/Federal requirements are such to require lowest bid.
5.
All purchases shall give preference to Excelsior Springs vendors
where maintenance and warranty requirements make purchasing from local
vendors more cost effective.
[Ord. No. 20-06-08, 6-15-2020]
A.
It
is the policy of the City 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 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 City Council 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.
D.
State
and Federal purchasing requirements may or may not require the purchase
of American goods, but may require the use of the least expensive
goods regardless of where those goods are manufactured. In the event
that State or Federal dollars are involved, the appropriate guidelines
must be used.
[Ord. No. 20-06-08, 6-15-2020]
A.
All
contracts and agreements over three thousand five hundred dollars
($3,500.00) which obligate the City to expend funds shall be in writing
and approved as required by this policy prior to delivery of supplies
or services. A properly approved purchase order accepted, in writing,
by the vendor is sufficient unless the contract requires periodic
payments by the City after goods or services are delivered or performed
or is for professional services.
B.
All
contracts for fifteen thousand dollars ($15,000.00) or more shall
be approved by the City Council as evidenced by ordinance or resolution
appearing in the record of proceedings.
[Ord. No. 20-06-08, 6-15-2020]
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 City Manager is authorized to
proceed with the purchase of such services or supplies as are required
by the City within the approval levels set forth later in this Chapter.
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 City Manager and Finance Department. Bid
specifications which restrict the responsive bids to a sole source
of goods or services must be approved as provided herein for sole
source purchasing.
B.
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 City Manager and
Finance Department. Any purchase of a dollar amount requiring City
Council approval shall be submitted for review at the next scheduled
City Council meeting; or
4.
Specialized computer software for network applications that have
been technically reviewed, tested, and justified by the City Manager
or designee and that are obtainable from a single source. This shall
not apply to individual PC software obtainable from multiple suppliers.
[Ord. No. 20-06-08, 6-15-2020]
No contract shall be subdivided to avoid the requirements of
this policy.
[Ord. No. 20-06-08, 6-15-2020]
A.
The
City Manager or designated representative may authorize emergency
procurement of supplies, services, or construction items when there
exists a threat to public health, welfare, or safety; or when immediate
repair is necessary to prevent further damage to public property,
machinery, or equipment; or when City operations will be adversely
affected as determined by the City Manager or designated representative.
Such purchase should be made at the lowest obtainable price and should,
if possible, be procured on an existing purchasing contract on a timely
basis. Emergency purchases shall be made with as much competition
as practical under the circumstances.
B.
During
periods of a "declared City emergency" by the Mayor, purchases may
be made in accordance with the City Emergency Operations Plan.
[Ord. No. 20-06-08, 6-15-2020]
The City Manager 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.
[Ord. No. 20-06-08, 6-15-2020; Ord. No. 23-03-07, 3-20-2023]
A.
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 City Manager is authorized to request
proposals and/or qualifications 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 City Manager shall make a recommendation to
the City Council for the procurement of professional services when
the fee for such services will exceed fifteen thousand dollars ($15,000.00).
B.
With
regard to engineering, land surveyor, or architectural services, the
City shall issue a request for qualifications which must be advertised
at least one (1) time allowing a minimum of fourteen (14) calendar
days prior to the due date, but it may be advertised multiple times
if desired. The City shall evaluate such proposals, select, and negotiate
with such companies in accordance with Sections 8.289 and 8.291, RSMo.
[Ord. No. 20-06-08, 6-15-2020]
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.
C.
No
City employee or official shall have a financial interest in any purchase
or contract issued by the City. Accepting gratuities in exchange for
preferential treatment is strictly prohibited. Any discounts, free
merchandise or prizes given as the result of City purchases become
the property of the City.
[Ord. No. 20-06-08, 6-15-2020]
A.
Situations
when competitive bidding is required:
1.
City officials are prohibited from selling or providing services
to the City in excess of five hundred dollars ($500.00) per transaction
or five thousand dollars ($5,000.00) in one (1) year, unless public
notice is given and bids are submitted. The official must submit the
lowest bid or offer in order to be awarded the contract.
2.
Entering into an agreement with a risk management fund in accordance
with Section 376.696, RSMo.
3.
Purchase of health insurance in compliance with Section 67.150, RSMo.
4.
Work under special assessment as authorized by Chapter 88, RSMo.
5.
Use of Construction management services in accordance with Section
8.679, RSMo.
B.
Competitive
sealed bidding requires publicly solicited sealed bids and a firm-fixed
price lump sum or unit price contract is awarded to the responsible
bidder whose bid, conforming to all the material terms and conditions
of the advertisement for bid, is the lowest and best bid. To facilitate
competitive bidding, a list of prospective contractors for each type
of activity should be invited to bid.
Public solicitation shall include posting of the bid solicitation
on the City's website and notification of bidders listed on the City's
public bidder's list and placement in plan rooms to ensure solicitation
from an adequate number of known suppliers, providing them sufficient
time prior to the date set for opening the bids. All bids must be
opened publicly at the time and place stated in the invitation to
bid.
C.
Construction
(Public Works) Project Contracts. Project specifications and bid documents
shall be prepared in writing and City Attorney review is required
for liability purposes.
1.
Prevailing wage rates required on construction of public works for
projects over seventy-five thousand dollars ($75,000.);
2.
Work authorization required for contracts in excess of five thousand
dollars ($5,000.00);
3.
Bid bonds for contracts exceeding twenty-five thousand dollars ($25,000.00),
equivalent to five percent (5%) of bid price;
4.
Contracts over twenty-five thousand dollars ($25,000.00) to provide
performance bond for one hundred percent (100%) of contract;
5.
Contracts over fifty thousand dollars ($50,000.00) to provide payment
bond for one hundred percent (100%) of contract.
[Ord. No. 20-06-08, 6-15-2020]
A.
Department
Heads must maintain records that document the rationale for the method
used for procurement, selection of the contract type, contractor selection
or rejection, and the basis for the selection including cost or price.
In addition, all contracts, other than purchases under ten thousand
dollars ($10,000.00), shall contain provisions, which describe administrative,
contractual, or legal remedies when contractors violate contract terms
and provide for appropriate damages.
[Ord. No. 20-06-08, 6-15-2020]
A.
Purchases
of the following consumable items are exempted from the approval portions
of this policy as long as monies are available in the budget to fund
the purchase:
1.
Gasoline and diesel fuel;
2.
Sodium hypochlorite;
3.
Lime;
4.
Carbon Dioxide;
5.
Salt and sand for snow removal.
|
This list is to be narrowly construed — only items specifically
listed are exempted. Purchase orders should still be issued for these
purchases. In addition, any equipment or vehicle purchases involving
the trade in of like equipment are exempted from only the purchase
order requirements but are subject to the approval portions of this
policy. The reason these items are exempted from the purchase order
system is that the system will not allow for the recording of trade-in
value to a revenue account.
|
B.
Change
Orders. Notwithstanding any provision of the City Code to the contrary,
the City Manager may approve change orders, whether singularly or
in the aggregate, for any contract up to an amount equal to fifteen
thousand dollars ($15,000.00), as well as no-cost change orders, provided
that the change order does not materially alter the purpose of the
contract and sufficient funds are available in the current year's
budget. The City Manager shall report all change orders to the City
Council within thirty (30) days of their approval.
C.
Notwithstanding
any provision of the City Code to the contrary, the City may, upon
approval of the City Council, enter into any contract for the purchase
of goods or services without utilizing the bidding procedures as herein
described, when the City Council determines that such contract is
in the best interest of the City.
[Ord. No. 23-03-08, 3-20-2023]
A.
Notwithstanding
any provision of this Code to the contrary, the City may utility the
design-build project delivery method in accordance with Missouri law
(Section 67.5060, RSMo.) for civil works projects regardless of cost
or non-civil works projects in excess of seven million dollars ($7,000,000.00).
B.
CIVIL WORKS PROJECTS
DESIGN-BUILDER
DESIGN CRITERIA CONSULTANT
DESIGN CRITERIA PACKAGE
NON-CIVIL WORKS PROJECTS
Definitions.
As used in this Section the following terms shall have the meanings
indicated:
Roads, streets, bridges, utilities, storm drainage and flood
control projects.
Any individual, partnership, joint venture or corporation
subject to a qualification-based selection that offers to provide
or provides design services and general contracting services through
a design-build contract in which services within the scope of the
practice of professional architecture or engineering are performed
respectively by a licensed architect or licensed engineer and in which
services within the scope of general contracting are performed by
a general contractor or other legal entity that furnishes architecture
or engineering services and construction services either directly
or through subcontracts or joint ventures.
A person, corporation, partnership or other legal entity
duly licensed and authorized to practice architecture or professional
engineering in Missouri that is employed by or contracted by the City
to assist the City in the development of project design criteria,
requests for proposals, evaluation of proposals, the evaluation of
the construction under a design-build contract to determine adherence
to the design criteria, and any additional services requested by the
City to represent its interest in relation to a project. The design
criteria consultant may not submit a proposal or furnish design or
construction services for the design-build contract for which its
services were sought.
The scope and specifications for the design-build project
sufficient to permit a design-builder to prepare a response to the
City's request for proposals for a design-build project. The package
may include capacity; durability; standards; ingress and egress requirements;
performance requirements; description of the site; surveys; soil and
environmental information concerning the site; interior space requirements;
material quality standards; design and construction schedules; site
development requirements; provisions for utilities, storm water retention
and disposal; parking requirements; applicable governmental code requirements;
preliminary designs for the project or portions thereof; and other
criteria for the intended use of the project.
Buildings, site improvements and other structures in excess
of seven million dollars ($7,000,000.00) commonly designed by architects.
C.
Process.
1.
Unless the City employs a design criteria consultant, the City will
select and negotiate for the services of a design criteria consultant
using a request for qualifications selection process.
2.
At least one (1) week prior to publishing the request for proposals
(RFP) for a design-builder, the City Council will publicly disclose
at a regular meeting its intent to utilize the design-build method
and the project design criteria that will be used to select the design-builder.
3.
The City will solicit proposals in a three-stage process. Phase I
shall be the solicitation of the design-build team. Phase II shall
be the solicitation of a technical proposal, including conceptual
design for the project. Phase III shall be the proposal of the construction
cost. The City will assign points to each proposal in accordance with
law and as set out in the instructions of the RFP.
4.
Prior to opening the proposals, the City will publish notice of the
RFP once a week for two (2) consecutive weeks in a newspaper of general
circulation published in the County where the City is located. The
notice will include a description of the project, the procedures for
submission and the selection criteria to be used. The RFP will include
a time, place and other specific instructions for the receipt of proposals.
Proposals not submitted in strict accordance with the instructions
will be subject to rejection.
5.
The RFP must minimally include the following information about the
project and the process:
a.
The procedures to be followed for submitting proposals, the criteria
for evaluating proposals and their relative weight, and the procedures
for making awards;
b.
The proposed terms and conditions for the design-build contract,
if available;
c.
The design criteria package;
d.
A description of the drawings, specifications or other information
to be submitted with the proposal, with guidance as to the form and
level of completeness of the drawings, specifications or other information
that will be acceptable;
e.
A schedule for planned commencement and completion of the design-build
contract, if any;
f.
Budget limits for the design-build contract, if any;
g.
Requirements, including any available ratings, for performance bonds,
payment bonds and insurance, if any;
h.
The amount of the stipend that will be available [at least one-half
of one percent (0.5%) of the total project budget]; and
i.
Any other information that the City in its discretion chooses to
supply, including, but not limited to, surveys, soil reports, drawings
of existing structures, environmental studies, photographs, references
to public records, or affirmative action and minority business enterprise
requirements consistent with State and Federal law.
6.
In Phase I of the RFP, the City will require design-builders to submit
a statement of qualification, that will include, but is not limited
to:
a.
Demonstrated ability to perform projects comparable in design, scope
and complexity;
b.
References of owners for whom design-build projects, construction
projects or design projects have been performed;
c.
Qualifications of personnel who will manage the design and construction
aspects of the project; and
d.
Names and qualifications of the primary design consultants and the
primary trade contacts with whom the design-builder proposes to subcontract
or form a joint venture. The design-builder may not replace an identified
contractor, subcontractor, design consultant or subconsultant without
the written approval of the City.
7.
In Phase I, the City Manager or designee and the design criteria
consultant will evaluate the qualifications of all the design-builders
who submitted proposals in accordance with the instructions in the
RFP. Architectural and engineering services will be evaluated in accordance
with policy FEB. The City will have the discretion to disqualify any
design-builder that lacks the minimum qualifications, based on the
opinion of the City.
Upon recommendation of the City Manager or designee and the
design criteria consultant, the City Council will select not more
than five (5) and not fewer than two (2) design-builders with the
appropriate qualifications to proceed to the next step in the process.
The City will not consider price or fees when making this decision.
The points assigned in Phase I of the evaluation process will not
carry forward. The final decision on a design-builder will be made
based on points given in Phases II and III.
8.
The design-builders selected in Phase I will be invited to participate
in Phase II and Phase III. The Phase II and III proposals will be
submitted to the City concurrently in separate envelopes or separately
submitted using other methods designated by the City. The City will
reject any proposal that is not submitted on time.
a.
Phase II requires the design-builder to submit its design for the
project to the level of detail required in the RFP. The design-builder
also needs to indicate whether the builder is able to deliver the
project on time and within the City's budget. However, the Phase II
proposal will not contain any reference to the cost of the design-builder's
proposal.
b.
Phase III requires the design-builder to submit a firm, fixed cost
of design and construction. The Phase III proposal will include bid
security and any other information required in the request for proposal.
9.
The designs submitted in Phase II will be evaluated, assigned points
and ranked in order by the City Manager or designee and the design
criteria consultant. The ranking will be presented to the City Council
for review, revision and final approval. Phase II will account for
at least forty percent (40%) of the total point score. Up to twenty
percent (20%) of the points awarded in Phase II may be based on the
design-builder's qualifications and ability to design, contract and
deliver the project on time and within the budget. The City will post
notice of the points attributed to each design-builder and the design-builder's
ranking in the same location the City posts notice of City Council
meetings.
10.
Once the Phase II rankings have been posted, the Phase III cost proposals
will be opened and read aloud at the time and place specified in the
RFP. Phase III will account for not less than forty percent (40%)
of the total point score as specified in the RFP.
11.
The lowest responsive bidder will be awarded the total number of
points for Phase III. For all other bidders, cost points will be calculated
by reducing the maximum points available in Phase III by at least
one percent (1%) for each percentage point by which the bidder exceeds
the lowest bid.
12.
The points assigned in Phase III will be added to the points given
in Phase II to each design-builder. The responsive bidder with the
highest number of points will be awarded the contract. All design-builders
who participate in Phase II and Phase III will receive a reasonable
stipend as detailed in the RFP. Upon payment of the stipend to any
unsuccessful design-builder, the City will acquire a non-exclusive
right to use the design submitted. Design-builders who decide to retain
all rights in the design forfeit the stipend.
13.
If the City Council determines that it is not in the best interest
of the City to proceed with the project with the design-builder with
the highest number of points, the City will reject all proposals.
If this occurs, all qualified and responsible design-builders with
lower point totals will receive a stipend, and the design-builder
with the highest number of points will receive an amount equal to
two (2) times the stipend. The City may solicit new proposals using
different design criteria, budget constraints or qualifications.
[Ord. No. 20-06-08, 6-15-2020[1]]
B.
Approvals
And Purchase Order Requirements.
[Ord. No. 22-07-04, 7-18-2022]
|
Dollar Value
|
Budget Monies Available
|
Phone Quotes
|
Competi-tive Quotes
|
Sealed Bids
|
Depart-ment Head Approval
|
Purchase Order Required
|
Finance Depart-ment Approval
|
City Manager Approval
|
City Council Approval
|
|---|---|---|---|---|---|---|---|---|---|
|
< $250.00
|
✓
|
✓
|
✓
| ||||||
|
$250.00 to $999.99
|
✓
|
✓
|
✓
| ||||||
|
$1,000.00 to $3,499.99
|
✓
|
✓
|
✓
| ||||||
|
$3,500.00 to $7,499.99
|
✓
|
✓
|
✓
|
✓
|
✓
| ||||
|
$7,500.00 to $9,999.99
|
✓
|
✓
|
✓
|
✓
|
✓
|
✓
| |||
|
$10,000.00 to $14,999.99
|
✓
|
✓
|
✓
|
✓
|
✓
|
✓
| |||
|
$15,000.00 +
|
✓
|
✓
|
✓
|
✓
|
✓
|
✓
|
✓
|
C.
Note
that local vendors receive preference if the cost they quote is within
five percent (5%) of the lowest price quoted
[1]
Editor's Note: With supplement #22, the City provided a corrected
version of the material found herein after finding that the original
version supplied for codification was not correct. We have updated
to the corrected copy.
