[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.
AGENT
CONTRACT
PUBLIC IMPROVEMENT OR WORKS
As used in this chapter, the following terms shall have the meanings
indicated:
The Manager or any other officer or employee designated in
writing by the Manager to act as Purchasing Agent.
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.
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.
[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.
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.
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.
