City of Bridgman, MI
Berrien County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Bridgman 3-8-1987 by Ord. No. 97 (Ch. 104.000 of the 1999 Compiled Ordinances). Amendments noted where applicable.]
Hereinafter, this chapter shall be known and referred to as the "Purchasing Ordinance."
A. 
The City Council of the City of Bridgman, City Manager and City Clerk shall be referred to as "Council," "Manager" and "Clerk" respectively.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
AGENT
The Manager or any other officer or employee designated in writing by the Manager to act as Purchasing Agent.
CONTRACT
Includes contracts for services, subject to the exclusion hereinafter mentioned, and shall include any type of service; leases for all grounds, buildings, offices and other space required by the City; and the rental, repair or maintenance of equipment, machinery and other City-owned personal property. The term "contract" shall not include professional and other contract services which may be unique and not subject to competition.
PUBLIC IMPROVEMENT OR WORKS
Capital projects which serve to further the operation of the City and shall include public buildings, parks, streets and water and sewer operating facilities, mains or lines.
The Manager shall act as Purchasing Agent of the City, unless he or she shall designate another officer or employee of the City to act as Purchasing Agent. Any such designation shall be in writing filed with the Clerk. The Manager shall, from time to time, adopt any necessary rules concerning routine requisitions and purchase orders.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No contract shall be entered into by the City for the making of any public improvement or for the purchase of any materials, tools, apparatus, supplies or services, exclusive of professional services, defined and limited to legal, engineering, accounting and auditing, the consideration or cost of which shall exceed $10,000, until specifications shall be prepared therefor, and published advertisement made for sealed proposals thereon; provided, however, that by a vote of 3/5 of the members of the Council, in the event of an emergency, such contracts may be made without advertisement and sealed bids. The City shall have the right to reject any or all such proposals. The City Council shall adopted an official purchasing policy by resolution of the City Council which shall address purchases that are less than $10,000.
[1]
Editor's Note: See also Charter § C-7.10, Contracts.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
The City may, through its departments, officers, and employees, perform public work of all kinds, or it may let any of such work by contract. The City shall not, however, undertake the performance of any construction work exceeding an estimated cost of $10,000 until it has first advertised for sealed proposals therefor, unless waived by the Council, in writing, by written resolution.
B. 
No public improvement costing more than $50,000 shall be contracted for or commenced until drawings, profiles, and estimates for same shall have been submitted to the Council and approved by it, and the same or a copy thereof shall thereafter remain on file in the office of the City Clerk, subject to inspection by the public.
A. 
The Agent shall have the authority to award contracts within the purview of this chapter.
B. 
Contracts shall be awarded to the lowest competent bidder. In determining the "lowest competent bidder," in addition to the price, the agent shall consider:
(1) 
The ability, capacity and the 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 the performance of previous contract or services;
(5) 
The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services;
(6) 
The financial resources and ability of the bidder to perform the contract or provide the services;
(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 the conditions attached to the bid.
C. 
If the award is not made to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere prepared by the Agent and filed with the other papers relating to the transaction.
D. 
Tie bids.
(1) 
If the lowest competent bids are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to the local bidder.
(2) 
Where Subsection D(1) above is not applicable, the Agent shall award the contract to one of the tie bidders by drawing lots in public.
E. 
The Agent shall not award the bid to a contractor who is in default on the payment of taxes, licenses or other monies due the City.
F. 
The Agent shall have authority to require a performance bond before entering a contract, in such amount reasonably necessary to protect the best interest of the City.
No contract or purchase shall be subdivided to avoid the requirements of this chapter.
Any expenditure for supplies, materials, equipment or contract obligating the City, where the amount of the City's obligation is in excess of $3,000 or such lesser amount, which may from time to time be established by the Council by resolution, must be approved by the Council and shall be approved only after competitive bidding as provided by the provisions of this chapter, unless such is covered by § 93-9 of this chapter.
A. 
Such expenditure shall be made the subject of a written contract, unless excepted from such requirements by the Council in writing. A purchase order shall be a sufficient written contract in cases where the expenditure is in the usual and ordinary course of the City's business.
B. 
Notices inviting sealed competitive bids may be published in the official newspaper at least five calendar days prior to the final date for submitting bids.
C. 
In all cases where sealed bids are invited, a copy of the official notice shall be posted on a public bulletin board in the City Hall. The Agent shall mail copies of the official notice to such qualified vendors as he or she may deem necessary to give actual notice to interested bidders and to obtain competitive bidding.
D. 
Unless prescribed by the Council, the Manager shall prescribe the amount of any security to be deposited with any bid. Such deposit shall be in the form of cash, certified or cashier's check, or bond written by a surety company authorized to do business in the State of Michigan. The amount of such security shall be expressed in terms of percentage of the bid submitted. Unless fixed by the Council or Charter, the Manager shall fix the amount of the performance bond and in the case of construction contracts, the amount of the labor and materials bond to be required of the successful bidders.
E. 
Bids shall be opened in public at the time and place designated in the notice requesting bids in the presence of the Agent, the Clerk and at least one other City employee. The head of the department most closely concerned with the subject of the contract may also be present. The bids shall thereupon be carefully examined and tabulated and reported to the Council with the recommendation of the Agent (as approved by the Manager, if the Manager is not acting as the Agent for this purchase) at the next Council meeting. After tabulation, all bids may be inspected by the competing bidders. In lieu of the procedure for opening bids herein specified, the Council may direct that bids be opened at a Council meeting.
F. 
After the opening of the submitted bids, such bids may not be withdrawn prior to Council action without forfeiture of the bid deposit.
G. 
When such bids are submitted to the Council, if the Council shall find any of the bids to be satisfactory, it shall accept that bid of the lowest competent bidder, as described in § 93-6. However, the Council shall have the right to reject any or all bids and to waive irregularities in bidding and to accept bids, which do not conform in every respect to the bidding requirements.
H. 
Subsections A, B, C, D, E and F of § 93-6 shall apply to this section; provided, however, that the word "Council" shall be substituted for the words "Agent" or "Manager."
I. 
At the time the contract for a construction project is executed by the contractor, he or she shall file a bond executed by a surety company authorized to do business in the State of Michigan to the City, conditioned to pay all laborers, mechanics, subcontractors and material men, as well as all just debts, dues and demands incurred in the performance of such work and shall file a performance bond when one is required. Said contractor shall also file evidence of public liability insurance in an amount satisfactory to the Manager, and shall also agree to save the City harmless from loss or damage caused to any person or property by reason of the contractor's negligence.
J. 
All bids and deposits of certified or cashier's checks may be retained until the contract is awarded and signed. If any successful bidder fails or refuses to enter into the contract awarded to him within five days after the same has been awarded, or file any bond required within the same time, the deposit accompanying his bid shall be forfeited to the City and the Council may, in its discretion, award the contract to the next lower responsible bidder or said contract may be readvertised.
Competitive bidding may not be required in the following cases:
A. 
Where the subject of the contract is other than a public work or improvement.
B. 
When the product or material contracted for is not competitive in nature and/or no advantage to the City would result from requiring competitive bidding, and the Council authorizes execution of a contract without competitive bidding by resolution passed by a unanimous vote of those Council members present at the meeting.
C. 
In the employment of professional services.
D. 
Where the City elects to do the work directly as provided by the Charter.
A. 
Any purchase order or contract within the purview of this chapter in which the agent or any officer or employee of the City is financially interested, directly or indirectly, shall be void, except that before the execution of a purchase order or contract, the Council shall have the authority to waive compliance with this section, pursuant to § C-7.10, Contracts, of the Charter, when it finds such action to be in the best interest of the City. In the event of waiver, the procedures of § C-7.10, Contracts, of the Charter shall apply.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
The agent and every officer and employee of the City are expressly prohibited from accepting, directly or indirectly, from any parson, 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.
A. 
In the event of an apparent emergency, endangering the public peace, health and safety of the City, the Council may purchase directly any supplies, materials or equipment which it deems necessary during the duration of the apparent emergency at a special meeting, if the Council by unanimous vote declares its action to be in response to an emergency.
B. 
In the event of an emergency, endangering the public peace, health and/or safety of the City, the Manager may purchase directly any supplies, materials or equipment, the immediate procurement of which is necessary to the continuation of the work of any department. A special meeting of the Council shall be called as soon as possible and the Manager shall furnish a written detailed explanation of the emergency and of the purchases made during said emergency to the Council. The Council may take such supplemental action as it deems necessary to complete the project.
C. 
The Manager shall have the power to make any additional rules and regulations concerning emergency purchases he or she deems necessary.
The responsibility for the inspection and acceptance of all materials, supplies and equipment shall rest with the ordering department and the Manager.
Whenever any City property, real or personal, is no longer needed for corporate or public purposes, the same may be offered for sale in accordance with the restrictions established by the City Charter; provided, however, that utility plants and property may be disposed of only in accordance with state law and the City Charter.
The Council or Agent shall have the power to enter into purchase contracts with and from other governmental agencies, should there be an opportunity for a saving to the City and/or where the Council determines that it would be in the best interest of the City. Provided, however, that the Council shall give its prior approval of such purchases, and provided further that all such purchases shall be in compliance with the provisions of this chapter and the City Charter.
This chapter is declared to be separable. Should any section or part of a section of this chapter be found invalid, void or unconstitutional by any court or tribunal of competent jurisdiction, such findings will only affect that said section. The validity or constitutionality of any other section of this chapter shall not be affected by said finding.