[HISTORY: Adopted by the City Council of the City of Columbia
as Ch. 2.54 of the 1997 Code. Amendments noted where applicable.]
Any work or other public improvement which is not to be paid
for in whole or in part by special assessment or special taxation
and does not involve a contract with the federal government or any
agency thereof, and all purchases of and contracts for supplies, materials
and services not involved in public works projects shall, except as
specifically provided herein, be based whenever possible on competitive
bids.
[Amended 5-21-2007 by Ord. No. 2562; 2-2-2015 by Ord. No. 3163; 3-19-2018 by Ord. No. 3375]
All work and other public improvements which: 1) are not to
be paid for in full or in part by special assessment or special taxation;
2) do not involve a contract with the federal government or an agency
thereof; 3) do not involve architectural, engineering and land surveying
services; 4) do not involve the City completing the construction of
such work by employing its own labor and for which the City will employ
competitive bidding for the purchase of materials of a value of $25,000
or more; and 5) the cost or expense of which is in excess of $25,000,
shall be purchased from the lowest responsible bidder, after due notice
inviting bids in accordance with the requirements of this chapter,
unless competitive bidding is waived or dispensed with by a vote of
2/3 of the Aldermen holding office on the City Council. (65 ILCS 5/8-9-1)
Where competitive bidding is required, notice inviting bids
shall be published at least once in a newspaper with general circulation
within the City. The City shall also advertise all pending work or
purchases required to be placed by public bidding by posting a notice
thereof on the public bulletin board in the City Hall. Such other
and further, or different, notices inviting bids shall be published
as the City Council shall decide, including but not limited to trade
journal publications.
The newspaper notice required in § 90-3 shall include a general description of the work to be performed or the articles to be purchased, shall state where specifications may be secured, and the time and place for opening bids.
When deemed necessary by the City Council, bid deposits shall
be prescribed in the public notices inviting bids. Unsuccessful bidders
shall be entitled to the return of their bid deposit upon the award
of the contract by the City Council. A successful bidder shall forfeit
any bid deposit required by the City Council upon failure of the successful
bidder to enter into a contract with the City within 10 days after
the award, owing to the fault or neglect of the successful bidder.
A.
Sealed. Bids shall be submitted sealed to the City Clerk and shall
be identified as bids (referring to the work or purchase involved
for which the bids were invited) on the envelope.
B.
Opening. Bids shall be opened in public at the time and place stated
in the public notice.
C.
Tabulation. A tabulation of all bids received shall be made by the
City Clerk or by such other officer or agent of the City as the City
Council shall designate, and a tabulation of the bids shall be furnished
to the members of the City Council at its next regular meeting after
the bid opening in the event the bids are not opened at a regular
meeting of the City Council.
The City shall have the authority to reject all bids or parts
of all bids when the public interest will be served thereby.
The City shall have the right to reject the bid of any contractors
who is in default on the payment of taxes, licenses or other moneys
due the City.
A.
Authority in City. The City Council shall have the authority to award
contracts within the purview of this chapter.
B.
Lowest responsible bidder. Where competitive bidding is required
for a City contract, the contract shall be awarded to the lowest responsible
bidder on the basis of the bid that is, in the opinion of the City
Council, in the best interest of the City to accept. In awarding the
contract, in addition to price, the City Council shall consider:
(1)
The ability, capacity and skill of the bidder to perform the contract
to provide the service required;
(2)
Whether the bidder can perform the contract or provide the services
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 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 the supplies or contractual
services to the particular use required;
(8)
The ability of the bidder to provide future maintenance and service
for the subject of the contract;
(9)
The number and scope of conditions attached to the bid.
C.
Performance bonds. The City Council shall have the authority to require
a performance bond, before entering into a contract, in such amounts
as the City Council shall find reasonably necessary to protect the
best interests of the City.
[Amended 5-21-2007 by Ord. No. 2562; 2-2-2015 by Ord. No. 3163; 3-19-2018 by Ord. No. 3375]
All work and purchases of supplies, materials and services of
a cost or expense of $25,000 or less may be made in the open market,
without newspaper advertisement and without observing the procedure
prescribed by this chapter for the awarding of formal contracts requiring
competitive bids, as follows:
A.
If the cost or purchase involved does not exceed $2,500, the same
may be incurred for the City by any City department head, or their
designee, without prior approval of the City Council or the City Administrator.
B.
If the cost or purchase involved exceeds $2,500 but does not exceed
$25,000, the same may be incurred for the City by any department head,
or their designee, only with the prior approval of the City Administrator.
C.
If the cost or purchase involved exceeds $25,000, the same may only
be incurred for the City by the prior approval of the City Council,
by enactment of an appropriate City Council order, resolution or ordinance.
D.
Prior to the beginning of each fiscal year of the City, all City
department heads shall submit to the City Administrator, for the City
Administrator's prior approval, the name and job title of the department
head's designee(s) to be authorized to incur costs or make purchases
for the City for the forthcoming fiscal year of the City. Likewise,
during any fiscal year of the City, should a City department head
desire to change or add to the designee(s) in their department that
will be authorized to incur cost or make purchases for the City, the
department head will be required to obtain prior approval for the
same from the City Administrator.
All contracts for professional services, including, but not
limited to, attorneys, engineers, real estate appraisers, and architects
and any other profession whose ethical code prohibits or discourages
involvement in bidding procedures, may be entered into by the City
without observing the bidding procedures prescribed by this chapter
for the award of formal contracts.
[Amended 2-2-2015 by Ord.
No. 3163]
In case of an apparent emergency which requires immediate work
or purchase of supplies, materials or services, the City Council or
City Administrator shall be empowered to secure by open market procedure,
at the lowest practicable price obtainable, any work, supplies, materials
or services regardless of the amount of the expenditure.
The City shall have the authority to join with other units of
government in cooperative purchasing plans when the best interests
of the City would be served thereby in the opinion of the City Council.
The terms and provisions contained in this chapter are enacted
pursuant to authority granted by 65 ILCS 5/8-9-1 and 5/8-9-2 of the
Illinois Municipal Code.
