[Ord. No. 1834 §1, 12-15-2015]
A.
The purposes of this Chapter are to:
1.
Establish procedures for the purchase of all goods and services
needed by the City;
2.
Promote the acquisition of the highest quality goods and services
at the least expense to the public;
3.
Provide a full, open, and fair competition among vendors for
the City's goods and services; and
4.
Establish a fair and practical process for the acquisition of
quality goods and services for the benefit of the City and its taxpayers.
[Ord. No. 1834 §1, 12-15-2015]
A.
No purchases for goods or services of any kind or description shall
be made by the City except in the manner provided in this Chapter.
1.
Purchases under $1,500.00. Whenever any purchase
costs less than one thousand five hundred dollars ($1,500.00), the
City Administrator, or an employee selected by a department head,
with the approval of the City Administrator, may procure the goods
or services on the open market with such competition as is reasonable
and practical under the circumstances.
2.
Purchases of $1,500.00 up to $2,999.99. Whenever
any purchase is for one thousand five hundred dollars ($1,500.00)
to two thousand nine hundred ninety-nine dollars and ninety-nine cents
($2,999.99), a department head shall obtain at least three (3) quotations
from qualified vendors for the goods or services to be purchased.
The quotations may be obtained orally, and the department head shall
award the purchase to the lowest and best responsible and responsive
bidder. The department head shall submit the quotations in written
form to the City Administrator.
3.
Purchases of $3,000.00 up to $9,999.99. Whenever
any purchase is for one thousand five hundred dollars ($1,500.00)
to nine thousand nine hundred ninety-nine dollars and ninety-nine
cents ($9,999.99), the department head shall obtain at least three
(3) quotations from qualified vendors for the goods or services to
be purchased. The quotations may be obtained orally, and the department
head shall submit the quotations in written form with a recommendation
to the City Administrator, who shall award the purchase to the lowest
and best responsible and responsive bidder.
[Ord. No. 1834 §1, 12-15-2015]
A.
The City, and all parties contracting with the City, shall use the
following procedures for bids relating to all purchases of goods or
services with an anticipated cost of ten thousand dollars ($10,000.00)
or more.
1.
The City Administrator shall prescribe and maintain such form(s)
as may be necessary for bid solicitations, the use of which shall
be mandatory unless otherwise excepted by the City Administrator.
The form shall include a description of the goods or services to be
acquired, all bidder requirements, a deadline for submitting bids,
and the date and time of bid opening.
2.
The required forms shall be part of a bid packet, and the City
shall require interested bidders to obtain a bid packet by notifying
the City of the intent to bid.
3.
All bid solicitations shall be advertised in an acceptable format
for a minimum of five (5) business days prior to the date of the opening
of the sealed responses.
4.
Bid responses shall be sealed and submitted to the City Clerk
by the noted date and time, and the responses shall be identified
as bids on the submitted packet.
5.
The City may supplement the bid solicitation for any reason.
a.
If the need for supplementation occurs before the bid deadline,
the City shall inform all known interested bidders and may extend
the deadline and bid opening as needed.
b.
If the need for supplementation occurs after the bid deadline
but before bid opening, the City shall inform all timely bidders and
set a new deadline for supplementation and a new date and time for
the bid opening.
c.
If the need for supplementation occurs after bid opening, the
City shall inform all timely bidders and set a new deadline for supplementation
and a new date and time for the supplemental bid opening. Because
of the need for supplementation, bids initially received under this
provision shall not be deemed rejected and shall remain closed records
under Section 610.021(12), RSMo., until such time as a contract is
executed or all bids are rejected.
6.
All bids shall be opened in public at the date and time noted
in the bid solicitation or the supplement. The identification of each
bidder shall be disclosed at the opening, but the contents of the
bid shall not be disclosed until a contract is executed or all bids
are rejected.
7.
After bids are opened, they shall be irrevocable for the period
specified in the invitation for bids.
8.
The City Administrator, or the responsible department head, shall review, investigate, and evaluate all bids using the factors noted in Section 140.040 hereof and shall report to the Board of Aldermen regarding the lowest and best responsible and responsive bidder, for the entire contract or any part thereof.
9.
The Board of Aldermen may authorize City staff to negotiate
for more favorable terms with any bidder prior to determining and
entering into a contract with the lowest and best responsible and
responsive bidder.
10.
The Board of Aldermen may also reject any or all bids or parts
thereof, resolicit for bids, or waive any bid requirement as may be
determined to be in the best interests of the City. Nothing herein
shall be construed to require the Board of Aldermen to accept the
lowest bid.
[Ord. No. 1834 §1, 12-15-2015]
A.
In determining the lowest and best responsible and responsive bidder,
the Board of Aldermen shall consider at least the following non-exclusive
standards, as may be applicable:
1.
Conformity to the specifications contained in the bid solicitation,
and the completeness, accuracy, and responsiveness of the bid;
2.
The bidder's experience in delivering similar goods or
services, and the ability, capacity and skill of the bidder to deliver
the goods or services required;
3.
The bidder's current work load, and whether the bidder
can perform the contract or provide the goods or services promptly
or within required time periods, without delay or interference;
4.
Examples of the bidder's work, and the quality of performance
of the bidder on previous contracts or transactions, within or outside
of the City;
5.
The reputation of the bidder and the bidder's history of
compliance with applicable laws, within or outside of the City;
6.
The bidder's financial resources and its ability to perform
the contract or provide the required goods or services;
7.
The quality, availability and adaptability of the goods or services;
and
8.
The proposed cost of the goods or services to be acquired.
[Ord. No. 1834 §1, 12-15-2015]
A.
Professional Services. Except as provided in Section 140.070 hereof relating to public works projects, the requirements of this Chapter do not apply to professional services, including but not limited to physicians, attorneys, architects, engineers, certified public accountants, planners and auditors. City staff is nonetheless encouraged to request proposals from qualified professionals within a required discipline should time allow or circumstances warrant.
B.
Sole Source Purchasing. All purchase and bidding
requirements can be waived if there is only one firm, company or individual
capable of providing a particular service or commodity, and the City
can conduct business with a sole source provider, provided that:
1.
The determination of a sole source provider is justified in
writing; and
C.
Emergency Purchases. In case of an emergency requiring
immediate purchase of supplies or services, the City Administrator
may authorize the purchase without complying with the procedures set
forth in this Chapter. The City Administrator shall file with the
Board of Aldermen a full written report noting the circumstances requiring
an emergency purchase at the conclusion of the emergency.
D.
Cooperative Purchasing. Bidding requirements shall
not apply to purchases made through or with the State of Missouri
or any governmental agency that operates a cooperative procurement
program and allows the City to purchase supplies or services that
the State or agency has competitively purchased or negotiated.
E.
Ongoing Contracts And Services. The City Administrator
is authorized to purchase and pay for, and this Chapter's bidding
and purchase requirements shall not apply to:
1.
The purchase of electric, telephone, water, gas, and any similar
ongoing and essential service;
2.
The renewal and payment of computer software licenses, maintenance
contracts, and other contracts requiring annual renewal or payment
after initial approval by the Board of Aldermen, including but not
limited to health, dental, and disability insurance contracts; and
3.
Employee salaries and benefits.
F.
Public Biddings And Auctions. The City may participate
in public biddings and auctions without formal compliance with the
requirements contained herein if such participation is approved by
the Board of Aldermen and price quotes for comparable items have been
previously obtained and such purchases at public biddings and auctions
shall not exceed the price quotes.
[Ord. No. 1834 §1, 12-15-2015]
A.
"Public Works Project" Defined. For purposes of
this Chapter a public works project is a construction project involving
building, altering, improving, demolishing, or non-routine repair
of any public infrastructure facility, including any public structure,
public building, or other public improvement of any kind to real property.
It does not include the routine operation, repair, or maintenance
of any existing public infrastructure facility, including structures,
buildings, or real property.
B.
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 public works
projects. Bid security shall be in an amount equal to at least five
percent (5%) of the amount bid. 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 within the time specified in the bid solicitation
or within a reasonable time if no time is specified. Bid security
shall be returned to the unsuccessful bidders after an award has been
made or bids have been rejected.
C.
Contract Performance And Payment Bonds.
1.
When a construction contract is awarded for a public works project
that provides for interim payments prior to the completion of the
project, the contractor shall deliver:
a.
A performance bond or a cash security in an amount equal to
one hundred percent (100%) of the contract awarded;
b.
A payment bond or a cash security for the protection of all
persons supplying labor and material to the contractor or its subcontractors
for the performance of construction work provided for in the contract;
and
c.
Such additional bonds or cash security for the purpose and amount
deemed necessary to the best interests of the City.
2.
Any such bond shall be satisfactory to the City Attorney and
executed by a surety company authorized to do business in Missouri
and having a rating of at least "A+" from Best's or "AA" from
Standard and Poor's to show it is solvent.
[Ord. No. 1834 §1, 12-15-2015]
A.
To procure engineering, architectural and land surveying services
for a public works project, the City shall request the qualifications
of such professionals by soliciting or advertising in an acceptable
format for a minimum of five (5) business days prior to the date of
opening of the sealed responses.
B.
The request shall include:
1.
A description of the services to be procured and the scope of
project work;
2.
A resume of the firm's qualifications and performance data;
3.
The capacity and capability of the firm to perform the work
in question within the time limitations fixed for the completion of
the project;
4.
Past record of the performance of the firm with respect to such
factors as control of costs, quality of work and ability to meet schedules;
5.
The firm's proximity to and familiarity with the area in
which the project is located; and
6.
Dates the firm was authorized to conduct business and registered
in the State of Missouri in their particular profession.
C.
After securing the above information, the City shall determine the
firm considered best qualified and capable of performing the desired
work and negotiate a contract for the project with the firm selected.
D.
If the City is unable to negotiate a contract with the firm selected,
negotiations with that firm shall be terminated, and the City shall
undertake negotiations with another of the qualified firms.
E.
If there is a failing of contract negotiations with the second firm,
negotiations shall be terminated, and the City shall undertake negotiations
with a third qualified firm.
F.
If the City is unable to negotiate a contract with the third firm,
the City shall reevaluate the necessary architectural, engineering
or land surveying services and once again prepare a list of qualified
firms and proceed in accordance with this Section.
[Ord. No. 1834 §1, 12-15-2015]
A.
Expenditures Must Be Budgeted. All purchases for
goods or services must be authorized by the budget for the current
fiscal year as approved by the Board of Aldermen. Any purchase not
provided for in the current fiscal year budget must receive the prior
approval of the Board of Aldermen. The Finance Director shall determine
whether a proposed purchase is so authorized.
B.
Purchase Orders. Any purchase of one thousand five
hundred dollars ($1,500.00) or more requires a purchase order from
the Finance Director, in addition to compliance with all applicable
requirements of this Chapter.
C.
Purchases Under $10,000.00. While not required for goods or services with an anticipated cost under ten thousand dollars ($10,000.00), use of an approved solicitation form, as provided in Section 140.030(A)(1) hereof, is encouraged to increase efficiency and conformity of purchasing decisions.
D.
Subdividing Prohibited. No purchase shall be subdivided to avoid the purchase limits of Section 140.020 hereof.
E.
Endorsements Prohibited. It is the policy of the
City to deny the use, in any form or medium, of the name of the City
or an employee's name or position as supporting a vendor, good,
or service without the approval of the Board of Aldermen. The City
Administrator is authorized to respond to requests for references,
which responses shall be limited to actual performance as it relates
to customer service, delivery, cost, or efficiency.
F.
Change Orders Prior To Delivery.
1.
The City Administrator may, but need not, approve change orders
in contracts awarded by the Board of Aldermen prior to the delivery
of the contract goods or services, provided that:
a.
The proposed changes were initiated by the City or are in response
to conditions unforeseen at the time the contract was awarded;
b.
The total cost of said change orders do not exceed ten percent
(10%) of the value of the contract or an amount determined by the
Board at the time of the award of the contract;
c.
The change order does not materially alter the purpose of the
contract; and
d.
Sufficient funds are available in the current year's budget.
2.
If the City Administrator does not approve a change order, the
change order shall be presented to the Board of Aldermen for consideration
and action. Absent extraordinary circumstances, no change order will
be approved after the delivery of the good or service at issue.
G.
Bid Security And Performance And Payment Bonds. The City may require bid security, and performance and payment bonds, as part of any bid solicitation in accord with the requirements of Section 140.060 hereof.
H.
Legal Compliance. The City shall include within
bid solicitations for public works projects, and shall ensure for
such projects, the need for compliance with applicable State and Federal
laws, including but not limited to the prompt payment (Section 34.057,
RSMo.), American products (Section 34.353, RSMo.), payment bonds (Section
107.170, RSMo.), proof of lawful presence (Section 208.009, RSMo.),
prevailing wage (Section 290.210 et seq., RSMo.) and OSHA training
(Section 292.675, RSMo.).
I.
Inspections And Testing. The City shall inspect
or cause the inspection of all deliveries of goods or services to
determine their conformance with the bid and contract specifications
and may require tests of samples submitted with bids and samples of
deliveries to determine their quality and conformity with the bid
specifications.
[Ord. No. 1834 §1, 12-15-2015]
A.
Any purchase in which an officer, employee or agent of the City is
financially interested, directly or indirectly, shall be void, except
that the Board of Aldermen may waive compliance with this Section
before the execution of a transaction or contract when allowed by
State law and if it finds such action to be in the best interests
of the City.
B.
No agent, officer, or employee of the City shall solicit, accept,
or receive, directly or indirectly, any gift, whether in the form
of money, services, loans, promises or any other form, under circumstances
in which it could reasonably be inferred or expected that the gift
was intended to influence said person in the performance of his or
her official duties or as a reward for any official action.
