HomeMy Public PortalAboutORD13860 BILL NO. 2004-154
SPONSORED BY COUNCILMAN MARTIN
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 2,
ARTICLE IX, DIVISION 2, OF THE CITY CODE IN REGARDS TO THE PURCHASING
POLICIES OF THE CITY OFJEFFERSON.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1 . The Code of the City of Jefferson is hereby repealed by deleting Chapter
2, Article IX, Division 2, and enacting the following division:
DIVISION 2. PURC'IIASIN(i DIVISION
Sec, 2-374. bermilions.
Whenever the following words amear in this division they shall have the meaning set out below:
City Council or Council: Shall mean the Council of* the City of .leffcrson or the Parks and Recreation
Commission based on the nature of the pro•iect or contract.
City Administrator: Shall mean the City Administrator or the Parks and Recreation Commission haled on the
nature or the pro.icct or contract.
Sec. 2-375. Purchasing agent; office established.
There is hereby established within the finance department the office of purchasing agent who shall be the head
of tlmc purchasing division.
(Code 1977, § 16-20, Ord. No. 11936. ` ?,7-19-0)
Sec. 2-376. Establish and maintain specifications.
The purchasing agent shall Compile and maintain specifications 1,0r,111 items purchased,or to be purchased,by
the city. The specifications shall not be unduly restrictive and shall be written, il'possible and practicable, so that the
city may obtain Competitive bids.
(Code 1977,§ 16-21:Ord. No, 9655,§ 1, 8-17-S 1:Ord. No. 10044, § 1(16-21 ).9-6-53;Ord, No, 11936,` 2.7-19-93)
See. 2-377.Standards and procedure.
The purchasing agent shall observe the tbllowing standards and procedures in the adnninistt'ation of finis division:
A. The purchasing agent shall purchase those supplies, materials and equipment requested by the
department For whose use they arc intended. The purchasing agenl shall keep the departments informed on prices,
Drafter's Note: Deleted text is shown thtm. Inserted text is shown thus.
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changes, deliveries and other information 111:11 will assist then► in placim,, purchase Orrlcrs at such times as to ensure
purchasing at tine best passible prices.
13, All supplies,materials and equipment dkposed ol'by salt,or otherwise shall be sold by the purchasing
agent only with the advice and consent ()I'tile nrryor and Council, Supplies, malerials and equipment deemed to he
obsolete, unusable and of no nu►uetary value to the City, nurN, be dispmse(I of by tilel►urchasillL,, agent at an
approved landfill or(disposal site. The pnrellmiquas;crrt shall determine hosed on recommendations from file
staff,what property has no monetary Value, The purchasing auvill 011:111 file a report with the council annually
setting forth what property was determined to he of uo value and bow such properly was(disposed.
C. Copies oCall correspondence with stipplier:s concerning pr ice.,a(l juslntenis ordel'ective merchandise,
as well as all invoices,hills of lading,delivery tickets and other papers pertaining to purchases.shall be delivered to the
purchasing agent.
1). The purchasing agent shall n►aintain it cou►plcte record ol'all quotations,bids and purchase orders for
it period of five(5)years, and such records shall at all tines he open It) the public For inspection►. Only proposals and
related documents will he closed until the earlier of the nuking of it recommendation to the public governmental body
or the acceptance or re.jcction of all proposals.
l-.. Thepurchasillgagetit shall maintain supervism-yColilr(d overall purchases and shall determine whether
any claims For shortages,breakages or other claims gist,in which case he shall pursue all such clain►s against the shipper
or carrier or supplier for any shortage, breakage or other damage existing.
(Code 1977, ` 10-22: Ord. No. 11936, ` 2, 7-19-93)
Sec. 2-378. Promulgation of rules.
® The purchasing agent shall recommend to the lirnance director. for his her review and recommlicndations to tine
city adnninisttator, rules and regulations relating to the procedure In be followed by city employees in the preparation
and submission afpurchasing requests and invoices fin'purchases.
(Code 1977, § 16-23: Ord. No. 11936, ` 2. 7-19-03)
Sec. 2-379. Purchasing limits.
A. The purchasing agent shall adopt operational pi-medures for making, small purchases ol'S56,01—mild
11M 1,101C !!!,III ffir 111:111,1mc! , 00.00) on lei three thousand dollars ($3,000.04) or less. Such operating
procedures shall allow purchasing without connpetitivc hills but shall he al the discretion of the department heads and
the purchasing division. Purchases must he requisitioned through O11c normal purchasing procedure.
13. The purchasing agent shall request cuotations ur telephone bids hour► at least three(3)businesses or
vendors on all requisitions of itenns of a value of more than 4ire4trindmd dnlhrc-t5�5fiFl`HR- three thousand dollars
($3,4(10.4(1) and not more than trmthrm;mrM� H�+ my-fine thousand dollars 025,041.14). The(
names of the businesses submitting quotations, the date and the amount ofcach quotation shall be recorded and main-
lained. Tlic lowest and best hid shall he selected by the purchasing agwnt upon consultation with the appropriate
department director.
C. The purchasing agent shall advertise lire scaled hills on aiiN requisition involving more than tent
IH E)Cij twenty-five thousao(I dollars allowing, a inimmum of fourteen (1.1)clays before:bids
are received and opened. The lowest and hest hill submitted by a responsible bidder meting specifications will be
reconnnncnded to the City Council for an award.
(Code 1977, ` 16-25:Ord, No.9655, § 2,8-17-8 1:Ord, No. 100.1.4, § I(I6-25(c)-(d)),9-6-83:Ord. No. 11936,` 2, 7-
• Drafter's Nate: Deleted text is shown thtts. Inserted text is shaven thus.
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ANIL 19-93;Ord. 13209, §1, 6-4-2001)
Sec.2-380. Liner•gency purchases.
When 11 disaster hits not been decliu•ed by the Ibll►yor,nNotwithstanding any other provisions of this division,
when it disaster has not been declared by the Maven•,:1 dcl»rtmer&rfirettm-pit the City Administrator or•desivice
may make or authorize ocher-, to make emergency procurement of supplies, scivices, or construction items when there
exists a threat to public health,welliurc,or safety; provided that Sueh emergency pt'ocureiuenl shall he made witil such
competition as is practicable under the circumsumces. A wrillco (Ictermination ol'the hasis fist'the emergency and liar
the selection ol'the particular contractor Shall be included in a record of each emergency procurement which shall be
made and shall set forth the contractor's name,the amount and type of the contract,a listing ol'thc item(s)procured under
the contract, and the identification number ol'the contract file. A copy ol'the record shall be given within five(days of
the purchase to the City A(dnlinistrato►•and purchasing division. if a disaster hati been declared or if a disaster is Iater
deelm-ed the provision~ot'Chapter l 1,Eniereenev III-eyarcdness and Elllel- encies,shall he followed. in any case
where it purchase under this section might be reimbursable under Federal or State Disaster Relief provisions,the
Department Director shall maintain such r•ecol-ds as are required for such reinibursement.
An emergency exists as defined below
An emergency exists when a breakdown in machinery and/or•a threalened ternlinalion of essential service,. including
but not limited to maintenance and repair of essential office e)uipment, or a dangerouS condition develops,or when
supplies are needed For immediate use in work which may vitally affect.safety, health or wellhre 01'01C public.
• (Code 1977, § 16-29(a);Code 1983, § 2-403;Ord. No. 11936, § 2, 7-19-93)
Sec. 2-381.Small sum purchases.
Any employee ol'the city making a purchase involving an immediate cash expencditure of fifty dollars($50.00)
or less shall he reimbursed by the city upon submission ol'a sales ticket fir the purchase.
(Code 1977, § 16-29(1)); Code 1983. 3 2-404; Ord. No. 11036, ` 2. 7-19-93)
Sec.2-382. Cooperative purchasing.
A. The City of Jefferson desires to participate in the cooperative I)I-OCLII'Ct1lCilt 1)1.0gi'a111 With the State ol'
Missouri, the County of Code. the Housing Authority and any other interested governmental bodies. The
purchasing ,agent Shall be the designated city represcnlativc for the administration of the cooperative
procurement program. (Resolution passed 8-20-79)
13. In lieu of the purchasing requirements set out in this chapter, the eurchasina, agent shall be
authorized to approve purchases based upon a bid received by another government entity withili this
State, provided that all of the following requirements :u a nlet:
1. The other entity must have conLetitively bill the purchase using procedures which are
substantially similar to the procedures which ivould have been required had the Cily of
Jefferson bid the Lirchase itself as determined by the pit-chasing, agent; and,
goDrafter's Note: Deleted text is shown thms. Inserted text is shown thus.
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2. 'Pile purclulsing agent receives verification,accthlable to the purchasing agent,that(he other
governnunital entity's procedures ►yer•e aclually followed; and
3. The successful bidder to the other governncntal emit • mull state in writing, in a form
acceptable to the purchasing' agent, that the City of Jefferson is authorized to make the same
purchase at the slime OHM
Sec. 2-383. Preference for U.S.-manufactured goods.
A.On-rmrchm-" ill mcc.s., .,nd doiini'm i+Y'+W0.0o)tilt
• , ,rrcitp.Ctl7rrcc trr cr{tral--f1-c l y r011tr:td i- nr7mb h e
., m i n m(S l o.o(H.0 0) 11.111 crintairr-rYrrnr. .
Each contract for the
purchase or lease ofmamlfactured goods or commodities by the City,and each contract made by the City
for construction, alteration,repair,or maintenance of ant,public works shall contain it provision that
arm• nlanuf lditred goods em•commodities used or Supplied ill the performance of that contract or any
subcontract thereto shall be manufactured ol.prod iced in the United States. This section shall not avviv
where the purchase,lease,or contract involves an expendit tare of less than twenty-five thousand dollars.
This section shall not apply when only one line of a ►su•ticsdar good of pr•odllct is manufactured or
produeed in the United States. This section Shall�nol apply where the execulive head of the public agency
certifies in writing(hat:
0)The specified products are not ntstl►ufactured ol•produced in tine United States in sufficient
quantities to meet the agency's requirements or cannot be manufactured or produced in rte
United States within the necessary time in sufficient quantities to meet the agency's
requirements,
(2) Obtaining the specified pr•oducfs rnunufactured or produced in the United States would
increase the cost of the contract by more than ten percent;
13. Every commission,board,committee,officer or other bode'of the Citv shall purchase and use only
those materials, products, supplies, provisions and other needed articles produced, manufs►ctu•ed,
Compounded,made or grown within the state of.Missouri,when they are found in marketable allalltities
in the state and are of a quality suited to(lie purpose intended and can he secured without additional cost
over foreign products or products ot'other states; provided,however,that duality and fitness of articles
shall be considered in purchasing or letting contracts for article:herein mentioned
(Ord, 10930,§ I, 10-19-87;Ord. No. 11930,§ _',7-19-93 Slate Law reference Sub-Section A §34.353 RSi11o,Sub-
Section It § 71.140. IMNIo.)
Sec. 2-384. Surplus Property.
A. 011 a yearly basis,or as needed,ail departments shall submit to the purchasing agent reports showing any
rear{01 personal property to be declared surplus. 'I he report shall include any surveys. drawings, appraisals or
other information that may be pertinent to the sale or disposal of the property. The purchasing agent shall
submil a report to the city council int'orming them of the content ol,[lie departmental reports.
Drafter's Note: Deleted text is shown thin, Inserted text is shown lhrs.
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B. Personal property declared to lie surplus ma • he disposed of-in-the following manner:
.Lu Sale by auction,or
S )y scaled bid,or•
QI Solicitation of offers tepurchase the asset. Such solicitations shall be upon the
condition that no offer less than tine expected Salle vrice carried on the item as
reported to the ci(,�,council nuuN,be accepted,unless it lower price is approved
by the City Administrator•with notice it) tile cyy Connell, or
Sales based moon a negotiated agreement with a particular vendor,provided
that such vendor must he selected accordingur to an established written
procedure which provides it mechanism for all interested parties to make
proposals in a fair an even manner. Direct negotiations as provided in this
stab-section may only be used if the Purehasing Agent certifies to the Council
that the use of direct neyiliations in a particular instance is in the best
interests of the City,and setting forth in particular why such means are in the
best interests of the City,and why the other available means are less desirable.
This subsection shall also authorize negotiated agreements which include it
repurchase aLyreenu nt,of
(5) Sales by a third party selected accordiugto the Citv's standard procedures for
selectint providers of services. Anv such aLreement shall set forth the
parameters and authority of the third party provider.
(Ord. No. 1 1747, § 1, 6-4-92: Ord. No. 11936, 2. 7-19-93)
Sec. 2-385. Announcement and N10hod of Sale of surplus real property.
A. A notice Shall he published ill the newspaper witli the highest circulation in the city and posted at City
11111 not less than thirty (30) days befoi-c bid opening. announcing the city's ingcnl to sell the real property. The
purchasing agent shall offer for public inspection the lilt of all noncontidcntial documents fir public iniin7naticm.
B. I:)w ing the thirty clay period,scaled bids nary he filed with tht purchasing agent. In dctermining which
bid to accept, the Council allay consider the competitive nature of the bid 1s wdl as the location of the property and
whether the bidder owns property adjaccut to or close by the property which is the subject of'tile sale.
(Ord. No. 11747, § I. 6-4-02,Ord. No. 11936. § 2. 7-19-93)
isrc- ,
C. The CIO, may elect to dispose of real property by seeking requests tests for proposals where the bid
price roay be only one of several factors. Such requests Shall not be considered an offer to sell
Cite property but shall be deemed to be negotiations as to the yossible sale of real estate for the
Purposes of Charier 610 RSMo.
Sec.2-3136. Minimum laid Requirement and Rejection of Bids.
• Drafter's Note: Deleted text is shown thm. Inserted text is shown shits,
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The city council may establish ;t ntininuntt bid requirement Cor;lily 1rtrer4 rtf property and may reJect any and
till bids.
(Ord. No. 11747, § 1, 6-4-92; Ord. No. 11936, § 2, 7-19-93)
Sec. 2-387.Sale of Park Commission Property.
Should the Parks and Recreation Commission determine that retti property owned by the Turks Commission is
surplus, the procedure outlined above for the disposal of'surplus property ~hall he followed. 'the Commission may
establish a minimum hid requirement liar any parcel of'property at the time it declares it surplus.
(Ord. No. 11747, § 1. 6-4-92; Ord. No. 119.16, § 2, 7-19-93)
tier. 2-388. Letter of Intent.
At any time, a letter of intent may he filed with file city clerk by a ntetnher of the public; who is interested let
purchasing city-owned property. -file letter shall state the property, its location, and the price the purchaser would be
willing to pay for the property. The city clerk shall forward the letter of intent to the city council.
(Ord. No, 11747. § I, 6-4-92; Ord, No. 11930, § 2,7-19-93)
Sec. 2-389. Debarment.
A. The purchasing agent is atthOdMI to debar a person from consideral ion liar award of contracts For any
o1'the following reasons:
1. Conviction of a criminal offense as an incident to obtaining or attempting to obtain a public
or private contract or subcontract, or in tile.performance ol'such contract or subcontract.
2. CtlnylctiOlt ureter state or fcdera) statures ill' embezzlement, Ihclt, Ibr•gery, bribery,
fi►Isification or destruction al' records. receiving stolen property, or any other offense
indicating a lack of integrily or honesty which currently. seriously and directly affects
responsibility as a city contractor or vendor.
?. Conviction under state or federal arttit•IlSt statutes arising out of the Suhntission of bids or
proposals.
4. Deliberate Inilure without good cause to perform in accordancc with contact specifications
or within the time limit provided in the contract,
5. A recent record of firilurc to perform orof unsatislactun perfOrmance in accordance with the
terms of one or more contracts, provided that Cailure to perform or unsatisfactory
perl�rruancr. caused by acts beyond the control of the contractor or vendor shall not be
considered a basis fir debarment.
6. Any other cause SO seriexts and compelling as to affixt responsibility as it city contractor,
including debarment by mother gnycrnntental cntily firr any cause listed in this article.
B. The length of a debarment shall not exceed three (3) years.
Drafter's Note: Deleted text is shown t•htm. Inserted teat is shown (fills.
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C. i\it action to debar a Contractor nrly be initiated and shall proceed as follows:
I. The purchasing agent shall initiate a debarment by Serving written notice ol'the dehanucttt
to the pe•sotn hr intends to debar. The notice shall set Iiirlh the specific grounds lit' the
debarment amd advise the perS011 of his right to appeal. 'I he notiCC Shall be SCrved by
registered or ccrtiIled mail or by deli 'Crinf; a ropy 01'tile notice In the person subject to
debarment or his agent or employee. The debarment shall tale Cllect tell (10) days after
service of the notice uttleSS an appeal is taken to the director of*lillance. If such an appeal
is taken, the debarment shall not take of ect until a final order upholding the debarment is
entered by the director or until the appeal is dismissed by the appellant.
2. Within tell(10)days alien•service ol`a written notice ofdebarntett.the person ,If'Icctc(l by the
notice nary file a wrilten t•CClttesl far a hearing befirre the director of finance Contesting the
debarntetl.
3. The director of finance shall sit the matter fir hearing on the record within Thirty(30) days
of the receipt of a request I'or a hearing. At least tell(10)clay,notice ol'tile hearing,Shall be
given to the affected person and to the head 01'(11C purchaSirll;diviSion.
•1. At the hearing, each party shall have the right to call and examine, witnesses, introduce
exhibits,cross exannill('opposing witnesses and impeach any winless. Oral evidence shali
be taken only on oath or aff ir►nation. All evidence shall be Suitably recorded and preserved.
The Icchnical trades of evidence shall not apply. except the director may exClude evidence
which is irrelevant or repetitious. Fach party Shall be entitled to present oral at•gunnents or
written briefs at or after the hearing.
S. Within tell (10) working clays of the hearing. the director of finance shall make written
f indings of fact and colic Ills ions of law and issue a f inaI order. findings ol'fact Shall be based
upon Competent and substantial evidence found in the records as a whole. A copy of the
director's order, his findings of feel and conclusions of law. Shall be delivered or mailed to
the purchasing agent and to the al'lecled person.
G. An appeal bona the director's order shall be to the Circuit court pursuant to Chapter 530.
RSN1o.
7. Cost of Proceedings. The cost of debarment proceedings shall he taxed against the losing
party.
5. Nothing in this section shall limit the authority of the purchasing division to accept the bid
which in his judgment is the lowest and hest bid.or Io re.ject any or all bids or to reject a hid
on grounds which Could have been used to Behar(lie hiddcr.
(Ord. No. 11936, § 3, 7-111-93)
See. 2-390. Sole source procurellnent.
A• Competitive bids can be waived when Ihere is only a single feasible source. A single feasible
Source is defined as listed below.
I. Proprietary, only available from nuundaeturer or Single diStributor.
2. Bidding history determines that the item iS only available fiat nuunllac:lurer or a single
distributor.
• (drafter's Note: Deleted text is shown dates. Inserted text is shown thus.
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Advertising stay be waived if) the abmr eircrtuts(ances.
Sec.2 39 1. Fuel 1MI C11,115C.1 AH .
tan- -s"tli;clmrmctttitc�tmttcitfrrfi if Hf mlrnrt ftmttrttr4trtttm
2-3?), itertt-f t}-
Sec, 2-391. I'llrCIlrISCS of Ccrtahl COm1 III(►diIit,S 1?xt,ntnl
A. Allvurchast,s of tilt, followintt commodities shall rtotle ►rt rrchased ntn'suallf to (fie yrucedure%
in Section 2-371), item (c) bnl shall be Iwrclrased accordint to the procedures in this section:
1I Am, chemical purchased In. the Street Division of. Wastewater f)ivisiun or
Parks and Recreation Department in hulk.
2) Fuel.
Ii, Purchases of items authorized by this section shall be mrule as follotts:
1. 'Pile nu►-chasiItg it Leta shall maintain a list ofat►proved\-ell dors of eacIt authorized item,
The criteria for approval shall be designated by each effected department director.
Vendors nlrty be added to the list In. the department director or at file request of the
vendor. 'I'lleLersou requestinS!a vendor's name to be added to tilt,list shall n►•ovide the
information necessary to show conp►liat►ce with the criteria set forth.
2. The purchasing aeeut,al the request of the department director,is hereby authorized
to purchase such quantities of the material as are rcgueslcd,from the approved vendor*
then Offering the lowest price,without further authorization but in no event shall the
total r1111 0 11 11 1S of the purchase exceed the :►nunntls amprcy►riated.
Sec. 2-392. Purchases from 1'ederal surplus property.
All purchases font federal surplus property (Surplus Property, State ol',Missourf) are exempt From
purchasing limits Sec. Z-379 items(a), (h), (c).
See. 2-393. General Services Administration (G S A) contracts.
All purchases from General Services Administration ((I S A)contracts are exempt Crum Sec 2-379,
Purchasing limits du not apply in these instances.
Sec. 2-394. Policies and Procedures for `selecting Professional Service Firms f leludilig Architectural,
Engineering and Land Surveying Firms.
The following describes policies and procedures U0 be used by ON of.Iei•tcrs0rt in .k:Iectimg pro{cssiunal
service linos. Professional service firms including,but not limited to.architectural,ell"inecring and hand surveying f firms
shall be rel'en-ed to as "firms".
• Drafter's Note: Deleted text is shown thmt. Inserted text is shown (lilts.
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A. CONTRACI S AND I-ITS
It shall be the policy of City of'Jetki-son to negoliale contracts with firms lor services on file basis of
demonstrated competence and qualifications 1,6►•the type of services required and ;it Clair and reasonable Imes.
13. OUALIFICATIONS OF FIRMS
It shalt be file policy ol'G(y of'.10,11ersoll to encourage firms engaged in the lawfid practice of'their prolIcssions
to annually submit statements of their yualilications and perlirrnuu►ce rccore.l. \\Ilielic%,ci-ii proposed project requires the
services of 1111-111,the City shall evaluale current statements ol'Llimlilwaliolls and perl'ormalice recol-di of I'll-ills on Ille
together wills Illose 111,11 may be submitted by ollicr I irms I-CLIardillp,the proposed project. I he City shall use the(k)llowillg
criteria in evaluating file qualifications of'cach firm:
I. The specialized cXpCricIIcc and fechilical ColiII)CMICC 01'01C firm With I'CSIICCt to the type of
SCrViCcs required,
2. 111-111 it)purform file work in question,includingspecialind
services. wilhill the tillic linlimliolIS fixed for the CODII)ICti011 01'111C lW0.jCCt.
3. The past record of perfill-Illa lice of file I trill \%ilh respect lo such I'llool.." its control costs.
quality of'work,and abibly In Meet ."ClIC(IIIICS.
4. I'lic firm's proximity to and I'lailliliarily with the arc;l in which file project is located.
C. CITY FILES FOR I-IRNIS AND PRO .Il:C I S
I The purchasing agent shall CoIllpitc and Illailitaill a file off isms limt iffe potential coll"Illtaills
16r doing pr'ojec'ts 1*61.Cily of'.1clTersoll,
2. The Purchasing agclI( shall prepare every six months, a list of all the firms used in the
preceding Year flor review.
3. Each firi ► shall be evaluated within 30 days afier completing a
contract with (lie City.
-4. When a project is proposed,the principal department proposing the project Shall prepare a
description 41hepro project.including llieScopcol'Work.the idemilication ol'applicable plans,
a litiletable and a hudgel.
5. '1 lie selection conimillce..shall prepare a list ol'lirms fi-mil file 1-11c Im the proposed projecl.
Selection ol'the firsts shall be based upon preliminary I.L.\ic w Comparing I Ig file nalurcol'Illejob
with the experience of*tile I'll-Ills and ollicr signi licalill I,"Idols.
6. The fill-Ills selected shall be scut it d"criplioll 01'111C project and a questionnaire designed to
obtain afore detailed information related to the firm',ql.KllifiCa6011S 1*01'[Ile SI)CMIC 1)1'0.ieC(.
Selected firms Croill those rcslltllldillg to the(jUCsU0lIW6lVSIWIi he ilIMA'iVWQd by a selection
L:olllllliltL,C.
n. SITI:CTR)N C()NIMI I ITF
The selection committee ShAl he appointed by the ('11Y Administrator. HIC selection
Collinlil(ce shall he composed ol'Ille department director and at least Iwo additional Ilicillber., from
other deparilliCIII.S, 'this ('0111111ilice shall review 111,2 infiwillanoll a( hand and the principals ol'the
1-11-111S. Wlicilewl. file project involves lotal expenditures of oN 1 1,500.000.00 or IIC , IIiCiNItCd
expenditure 1,61.prolesslomil
Services being sought exceed 1"-RHi(*H)0 525,000.00 all members ol'the
COLHICil S11,111 be notified j)l'OC(TdilIVS 01'111C SCICL-tilln collmill(ce.
NI;(;O HA PION F()k CONTRACT
L The Selection Comillilleeshall select I'l-oln the file fiwcadl I)I'0.jVCt,three fil-IIIS thill;Ile IliglIlV
qualified to fulfill file proposed ilNNigIIIIIClIt in tilt' be',( interest ol,tile Cily. The Ill-ills shall
be placed in ranked order.
• Drafter's Note: Deleted text is shown than. hiscricd text is shown fillis.
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2, .l hr firm ranked first shall be asked ►o make;i conlptehensivc written ;111(1 oral presentation
demonstrating its methods ;u)ct experiertee relined II, the itrc,jt•rt. Which principals shall be
assi);rued to the Itrltjecl, the cun.ult;1111s to be used, a schedule of docunlcnl preparation,
estinrting procedures,srr�.ices to he rendered during aulsnuclion.and ally other inlinnratinn
helpfill in determining how well the parlicrllar 111-111 is qualified to do the job.
1. The selection committee shall then reach it decision as to whelher or no( to proceed with fee
negotiations with the selected lirm. If(he parties reach an agreerncrtt. a contract shall be
prepared and the other firms shall he promptly advised.
4. if the first-ranking firm's proposal is not satisfactory, Negotiations shall he initiated with the
second-ranking firm. Again, if the negotiations arc uctsatislilctory,the selection colntttittee
shall negotiate with the third-ranking limn. If'these negotiations prove unsatisfactory, the
project shall be restudicd and(lie City's expectations shall hr reexamined before beginning
the process again. if the process begins again, the selection committee shall compile a list
of qualified firms and proceed in the sank manner.
Sea 2-395, Bidding procedure for construction projects.
The 161lowing describes procedures to be followed by the City in selecting construction corlractors for projects. When
coMSU•uction doelrillCllts have been completed;Ind approved and the approved sets h;n•c been delivercd to Il►e appropriate
City official, the next stela is the selection of I consM-uctiom firm for the project. "I his contractor shall lie selected as
hollows:
A. Competitive hills: 'I hr City shall seek competitive bids for protects by advertising and or invitations
to prospective contractors Ihal the City intends to construct said project.
13. Advertising or invilat ion to contractor:;: fo 11111,1-.111 prospertivr hiddcl:,that a rontracl is to he awarded
and invite bids for the proposed pro jccl an advertisement shall he placed ill a daily paper of general
circulation. IICIIIS which IMI\'he included in (lie achelrtisrllu•r11 car invitation arc:
I. A brief(Iescription of the project and its location.
2. Name and address of the owner.
:3. Nan1c and address of the person 11.111106 MI I to receive bids.
4. The place,date and hourofbid openint,.restrictions oll submission.cha nt-'es alld Withdrawal
of,bids.
5. Character ofbids: Phasing, unit-price, lump-soul, alternates car.
h. Quantities involved in the project.
?. The amount of the hid surety and whether it is to he by certified check, hid hind Cie. and
provisions for returning surety to unsuccessful bidders.
8. titaUvntent as to where plans and speed iCa16 ,tls Imo)'hr obtained cu-cManlined;tad the charge
or deposit required (or each set and provision for recovery Of chal;>~e or deposit when
documents are rcttn•ncd.
c). Conditions ofcon(ract award and the owner's right w accept the lowest responsible hid and
to reject any or all bids.
10. Name oft Ile consultant auld the authorized rep rescn(ill i�e Ii,r the owner and consultant.
11. Contract surety: 'file anl!,umt and type rll'perliu-nlance and paynturtt hoed.
C. Instiiledons to bidders: A document in which all bidders are furnished identical inlin-mation on the
Drafter's Note: Deleted text is shown thm. Inserted text is shown thus,
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® features of the project along with instructions cm the procedure to he fi011owed ill submitting hick.
Items which may be included in the instructions to bidders tor:
1. kidder's experience, work record and or prcqualificatiOn data,
2. Procedurc Ior completing and submitting; the hid,
3. A list ofthe plans and specifications and an estimate ofquanlitics Coo unit-price contracts or
an exact description of the scope(it'tile project if cuntra�n is to be lump-sum.
4. An estimate of the time it will take the bidder to complete the project.
5. itesponsibilily 1101-aCCU:aCV ofbidding information in rd'ercnce to suhsoil data, test borings.
errors in plants and specifications, etc.
6. information on IiOrmulitics raid ill forni►lities in accepting or rejecting hills.
7. Miscellaneous instructions as needed.
1). laid form: A document to ensure that all bids tine prepared in a similar manner and to facilitate the
analysis and comparison ol'bids and to detect infi0rnuilities in the bids. It is a convenience to bidders
and it enCOUrages accuracy and Iiiirness. Items which may he included in the hid Jorill ,ire:
I. An offer from the bidder to perlorm the work as specified for a given price.
1 An agreement to complete the project in a given number of days after the notice to proceed
has been given.
3. The amount of the hid bond.Certified check or Other Corm of tguaruttCC that is to accompany
the bid.
•I. An agreement by the bidder to furnish the rrciciired Conu-act surClw il'the contact is awarded.
5. Provision for the hidder to acknowledge recelpt of all addenda to the plans and
specifications.
6. The list of subcontractors to be employed for special work.
7. The experience record, financial statement and plant CquipmCnt quCStionnaire,when
rcquircd.
`. Statement that there is no collusion or baud with I'dercneC 10 illegal rC lilt iOnships of bidders
and rcprCsenlati\es tit'file Owner Or Consultant,hid pooling or scrim bids.
<), Statement by the bidder that the site has been examined and the plans and specifications arc
understood by the bidder.
10. Appropriate signatures and .witnesses as required.
! . !'rebid ConlcrencC: Preparatory to putting the hid together,a prehid conl'erence ttlay he held for those
bidders anticipating submitting a bid on said project. 'i he!rebid conterel)CC is to do the following:
I. Allow bidders, both Cont•actOrs and subcontractors it chance to ask questions of those who
prepared the plans ant] wrote the specifiCatiiOns.
?, Allow explanations and answers tO questions to be given by those hest qualified.
3. To allow scheduled !rebid con R.rence to he held midway hctween aelwertising 1i0r hills and
the bid opening date.
4. To give additional 0111001 1111litiCS so the site Can be visi(vd, it'rtccessary.
I.. Addenda: !hiring the bidding period,any and all additional instructions.Cltn-ilicalions.interpretation
or modificatiOis shall be made by an addendum► prepared by the Consultant or Ownera nd signed by
Drafter's Note: Deleted text is shown tIn". Inserted text is shown thus.
C':\MyF i Ies\Cou tic il\Ordi lilt nces\200•-1-15•I.\1 pd I 1
the consultant and,(.)wncI,s representative.
I. The addendum shall lm delivered.either by the Oware or the consultant, as aureed 111)(111 by
t11e two.
2. A rceeipt shall he received 1'01-all hand delivered addendum by the delivercr. Addendum sent
by mail shall be mailed by the IIISIeSt delivery method and shall he sent by registered mail
will) it Signed receipt requested.
3. No one is authorized to make imy clarifications, interpretations,or modifications or give any
insntrctions to the bidders during the hiddilip period except as d:•Scrihcd in this section on
(.i. Receiving and opening, bids: Bids may he suhnlittcrl al anytinu•aficr the pmjcct hnS been officially
advertised or invitations extended and prior to the hoar desip,nafed for the opening ol•the hicis.
I. Bids submillcd may he withdrawn orch,ulgcd :anytinac• hel'rre the official opening.
2. No changes are perinkied after bid, ha•,c been opened.
Bids sha11 he Submitted on the proposal bud 1'01.111 with all aecon)panying papers placed in a
scaled envelope 'Idd1'CSSCd to file person authorized to rc(:civc sane• and cndot:sed will) the
bidder's name and the title of fhc project.
4. all bids shall be opened and read )dond publicly at file proper time So that all bidders and
others interested nuty be present as witnesses and of. Io tabulate amounts.
H. Awardingthecontract: Alterthehidshaveheenopened ally con;ullant and theUwner'srcpresentativc
Shull n)eet to determine if a bid is the lowest and hull had submitted by a responsible bidder has been
(crewed. The 1611mving shall he done:
I, A study of the (qualific:ationS 01' the bidciceS shall he made to determine if there are
irresponsible and undesirable bidders and to cliunimuc saner.
2. An analysis and comparison ol,bids shall he made to determine the lowest responsible bidder.
3. When it bidder has been determined to he the lowest and hest hid submitted by a responsible
bidder, the City shall proceed to obtain a contact •with the kmC.St responsible bidder.
4. A formal notice ol' award shall be issued to the bidder notifying the bidder ol' his/her
selection. 'I he bidder shall be told ol'the time and place(IcSignoted to sign the contract.
5. If the bidder determined to he the loWCSI and hest hid submitted by i res crmThfe hidde, the
successful bidder is unable it�execute a contract,the('ity shall proceed to execute it contract
will)the next responsible bidder. It'this bidder is unable to cxrcutc a contract, the City shall
eontin11c the pruceSS with Al responsible bidders I I'll ecess;ark.
0. The ('it1' shall have the ri;�ht to arse any ur all ot'thc hid security 01';u1y or all bidders I(I
execute a contract when the bidder is unable Io execute a contract for it project hid.
7. :Mier acceptance of,tile hid and the conna(t ha;heen Sit�.ne(I.a ii,rn)al notice to proceed shall
be firrwarded to the contractor authorizing the contactor to begin work.
(Ord. 13208, §2, 0-4-2001 )
I. W]ll?N LOW BID I XCI.I:I)ti FUNDS: Occasionally after opening hi(k. the lowest and best bid
Subn)ittcd by a responsible bidder nm.)y exceed available Iltnds. I hest are the possible alternatives
when this happens: (Ord. 13208, §2, 6-4-11101)
1----=Fhrtm1nmrnf m}-Y-rnrstrhintrt• rrf1 ma t t�ittrthc lrnrt+iddrrttt-err Tt rnrnrr*h.,�fxtitntc and
Drafter's Note: Deleted text is.shown thus. Inserted le.\t is Shown Hills,
ties\Council)Or(linunccs'?Ut)I-I5q.wpd 12
rftaTtt+r�s-r:tml,r T•c�rtfimi'tc,tltakr rrmrtnTC•tlm�tf�r rrntrrrtcn<Thfr�rttri �rttfrttrtftr++TTrfl-1't;
' 1` f}C\tt�1k tf1C rf7115-111T�"h�Ct'il�Tt'111r+R`�'711t17 �lC'CItIC'C` IIIC` ul 111L` I)I4 jl'Ct 10 allow hills
Within the budael.
+ 2. SCCelie additional fund".
�1-----,t-rcmtf�rmtiYm-rrt�;TTni-�--`�rtrnti:ltr-:l•c-ttmrfra�c-r,r,s,cihfr-��•itf�-tflr--frn�--hrcfdrT--stnrf--ccrttrc
:n�chtinmf-tirlttimF-'f eT�m-'c,fhrr-th�TrT-�f:rtr-hTTTrf�l:
�r. Kcicchorl of all buds.
I. I1RI,.('ONS YRU(.'11ON ('()NIA RI'N(') : Inuncdlutcly after a cun"Inwho11 contact has bccn bully
execulcd and beliu'c CO St'uclio11 hcuin", the()\\ IC1. O)n"ulf.1111" ;Intl conunctor shall nleel to do the
1it11o\rini.:
1. INlvvl \with subc0IIIWC orS Mod the"upvriI)WI)dcnl hir tllc project.
2, (iet acllllalllte(l and discus"1110.10 er;ll ph;ISC"tlf lilt'proIeel tilt Ihal \\hell lllldcl-slood by a11,
the job \\ill run sttlootilly.
1, to establish lines of conitnunlC,ilion ;uul IIIIe" o) aulhuril\ to Ile li1110' Cd duritttL,
am"t'llclion,
d. l o discus i(eIII" of IIIIerCSI ;111(1 CW1Cel'll !t, all.
(Ord. 1_131(1, 7.24 05)
Section 2. The City Code, Chapter 2, Article IX, Section 2-290, is hereby amended
as follows:
Sec. 2-290. Powers.
A. I he city'ad11linistralor shall IIMC the po\vvr to prescribC ILIA rules :Md IC:'uLIIt(1IlS aS he shall deem
necessaly ur expedient 161'the C11111I11C1 of adnlinist'alivC a�!encics Suhlect 10 hi" aIIIIIN ty. and hr sh;lll h;1'\v file I10WCr
to revoke. suspend. or amend any rule or 1'c;ndahon ol•tie administralk c "CIA We excepl those prescrihed by the cite
council.
B. The city adnlinislralor shall have the I10WCF(0 c00111i11ate the \\ork ofall Ihc•deparnne11ls(11'tile city.
and Shull hate the authority to assign employees of the city' to ;Ill%' dell:Irtlnenl for the 1110"1 c'I'liricnt dischurgv of the
Functions of city goverlilnelll.Sullim Io file provision"of "l`C•I1o11(I..) (perks;llld IC•C're;lli011 COIIIIIIISSi ll)Mid section(1.3
(police department) of(Ile city cllartrr.
C. The city administrator shill have the power to o\errule ally action taken h\ a department director,and
may supersede 111111 Ill till' functions of his office.except file parks and recreation department.
1). 1 I he City adnlillistralor shat! hnvv the po\ver W appoint and rcnut\C all suhordin,uv employ'e'es ofthc
City, ."IlhieC1 10 Idle 111'0\isio IS of seoioI1S 6.1 (park"and recreation collmllssloll)and 6.3 (police(lepartllll'Ill)of the city
I:, At no tinly shall (hc duties or po\\,_sS of 111e city adminut'afor supersede thv action hy the mayor and
City Counl.il.
. The city administrator is hereby authorized to vxccow rh;ln,-'e ordcl,;to cont'ac!s including increasing
the amount (o he expvneled uocler the Cont•aC( provided the follo\\ini, criteria are nlct:
• Drafter's Note: Deleted text IS shown thm. Inserted text is shu\vn thus.
C'.',Plyl ilcStC'ouncil.OrllinanceS'Cilll I>4,wi)d 13
I. 1,11c chalIj e ordcr h(ls prry inu.sly hveII a III IIoN
(''d 1)N.Ow del"111111(•111 dirrclorul,lhc,lcpartntct►I
adminstrrl lip
the co11Uact a11d the inanelal arliotnU
imoked does not exceed tell pciceltt
t l(►",) in total ol•the origt►u11 Contract arn,uult \k ith ally previously approved Change orders
of) I ul Contract,or ten thotrsan(I dollars(y 10.000), Mhichever is greater. For(IIe p urttoses
of*this section,the le►•nt`•oriainrtl"conu•act shall nu•au file conlrael as approved by the
council and executed by (Ile unurouriate official as well as ;lliv att►endmculs to the
Contract which have been (111h, a ► ►roved In the Couacit.
2. The change order(Ines 11011 Change the general scope of the I,rnicct.
3. :III Change orders approved shall he reported In the cily Council within two weeks of
execution. The report shall include the reason I,,r the change order.
Section 3. The City Code, Chapter 2, Article IX, Section 2-406, is hereby amended
as follows:
2-406 Purchase of*Assets by City F.mployces. City employers sh.111 not he aUowrd 110 pure base surplus
city property unless such property is sold to the highest bidder Vin•, if'offered at a pre-determined
price then ooh•after tile dent has been offered to the t•enend public for no less (11;111 si\ days..
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: Approved: / 1
Presiding Officer �.' Mayor
ATTEST: APPROVED�AS,TO FORM:
City Clerk City Counselor
Drafter's Note: Deleted text is shown tlm-c. Inserted text is shown hills,
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