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HomeMy Public PortalAboutORD12316 " _, q�q. � ', :"sJ � '�F I i`aK2'f{�- '�ttxr:h F+'4. -:.ti e�.q r7:r. q 1�1`w�'1<d�'�"d •�y M1� s; PASSED AS AMENDED BILL NO.� 9545 SPONSORED BY COUNCILMAN Jackson & Nilges �9 ORDINANCE NO. 12316 - r: AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE } OF THE CITY OF JEFFERSON, BY DELETING CHAPTER 2 (ADMINISTRATION), DIVISION 2 (PUBCHASING DIVISION), AND ENACTING A NEW DIVISION 2 (PURCHASING DIVISION) IN LIEU THEREOF. a BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Be ti n J. Chapter 2 (Administration), Division 2 (Purchasing Division) of the Code of the City of Jefferson, Missouri, is hereby amended as follows: DIVISION 2.PURCHASING DIVISION M Sec. 2-374. Definitions: . Whenever the following words appear In this division they shall have the meaning set out below: City Council or Council: Shall mean the Council of the City of Jefferson or the Parks and Recreation Commission based on the nature of the project or contract. City Administrator: Shall mean the City Administrator or the Parks and Recreation Commission based on the nature of the project or contract. �I < Sec.2-375. Purchasing agent; office established. j. There Is hereby established within the finance department the office of purchasing ;x agent who shall be the head of the purchasing division. (Code 1977,§16-20;Ord. No. 11936,§2,7-19-93) 1' Sec.2-376. Establish and maintain specifications. <; The purchasing agent shall compile and maintain specifications for all items purchased,or to be purchased, by the city. The specifications shall not be unduly restrictive and shall be written,if possible and practicable,so that the city may obtain competitive bids. (Code 1977,§ 16-21;Ord.No.9655,§ 1,8-17-81;Ord.No. 10044,§1(16-21),9-6-83;Ord. No. 11936,§2, 7-19-93) BU195-45/Page 1 4 'r 4 5 ytrt r. a i- w. K ft:i? 'p�.�+,j,?�. t;�������y� ..�;Z��f F °":'�i£��?*.+..�TVV .NMr tTSo'�"Kn.�',y^`a •�'..:. },,v s A�i} tlt N i$s.a.tir',, tV"R.�xr °�s+ p�*� '�!� 1, t, Sec.2-377.Standards and procedure. The purchasing agent shall observe the following standards and procedures in the administration of this division: A. The purchasing agent shall purchase those supplies, materials and equipment requested by the department for whose use they are intended. The purchasing agent shall keep the departments informed on prices, changes, deliveries and other Information that will assist them in placing purchase orders at such times as to ensure purchaaing at the best possible prices. B. All supplies,materials and equipment disposed of by sale or otherwise shall be sold by the purchasing agent only with the advice and consent of the mayor and council. C. Copies of all correspondence with suppliers concerning prices,adjustments or defective merchandise, as well as all Invoices, bills of lading, delivery tickets and other papers pertaining to purchases,shall be delivered to the purchasing agent. D. The purchasing agent shall maintain a complete record of all quotations, bids and purchase orders for a period of five(5)years,and such records shall at all times be open to the public for inspection. Only proposals and related documents will be closed until the earlier of the making of a recommendation to the public governmental body or the acceptance or rejection of all proposals. E E. The purchasing agent shall maintain supervisory control over all purchases and shall determine whether any claims for shortages, breakages or other claims exist, in which case he shall pursue all such claims against the shipper or carrier or supplier for any shortage,breakage or other damage existing. (Code 1977,§16-22;Ord. No. 11936,§2,7-19-93) Sec.2-378.Promulgation of rules. The purchasing agent shall recommend to the finance director,for his/her review and recommendations to the city administrator,rules and regulations relating to the procedure to be followed by city employees in the preparation and submission of purchasing requests and Invoices for purchases. (Code 1977,§16-23;Ord.No. 11936,§2, 7-19-93) Sec.2-379.Purchasing limits. A. The purchasing agent shall adopt operational procedures for making small purchases of $50.01 and not more than five hundred dollars ($500.00) or less. Such operating procedures shall allow purchasing without competitive bids but shall be at the discretion of the department heads and the purchasing division. Purchases must be requisitioned through the normal purchasing procedure. B• The purchasing agent shall request quotations or telephone bids from at least three(3)businesses or.vendors on all requisitions of items of a value of more than five BN 95-45/Page 2 JN� ra'• t'.� rrl s r'`. :.;, 7 •t1 ,� t»,. a .;y�. ? ��t- , 4�t}� { ,�+, (��y,,;;a.7�t• fig, ,,1��;� r�r x a S C�" i i . r, hundred dollars($500.00)and not more than ten thousand dollars($10,000.00). The names of the businesses submitting quotations,the date and the amount of each quotation shall be recorded and maintained. The lowest and best bid shall be selected by the purchasing agent Mu upon consultation with the appropriate department director. C. The purchasing agent shall advertise for sealed bids on any requisition Involving more than ten thousand dollars($10,000.00)ailow a minimum of fourteen (14)days before bids are received and opened. lowest and best bird meeting specifications will be recommended to the City Council for an award. (Code 1977,§ 16-25;Ord,No.9655,§2,8-17-81;Ord. No. 10044,§1(16-25(c)-(d)),9-1 Ord.No. 11936,§2,7-19-93) Sec.2-380.Emergency purchases. ' ttaH Notwithstanding any other provisions of this division, a department director or the City Administrator may make or authorize others to make .'` emergency procurement of supplies,services,or construction items when there exists a threat to public health,welfare, or safety; provided that such emergency procurements shall be made with such competition as Is F` fN y practicable under the circumstances. A written determination of the basis iv}fir for the emergency and for the selection of 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 of the items) procured under the contract, and the x *'> lion number of the contract file. A co of the record shall be given � Identification pY tt' " within five days of the purchase to the City Administrator and purchasing ' division. An emergency exists as defined below An emergency exists when a breakdown in machinery and/or a threatened termination of essential services,including maintenance ` . and repair of essential office equipment, or a dangerous condition } , E develops,or when supplies are needed for immediate use in work F; which may vitally affect the safety, health or welfare of the public. �Y r Code 1977,§ 16-29(a);Code 1983,§2403;Ord. No. 11936,§2,7-19-93) x= 5t Sec.2-381.Small sum purchases. Any employee of the city making a purchase involving an immediate cash expenditure of fifty dollars($50.00)or less shall be reimbursed by the city upon submission of a sales ticket for the purchase. (Code 1977,§ 16-29(b);Code 1983,§2-404;Ord. No. 11936,§2,7-19-93) } °t Sec.2-382.Cooperative purchasing. ; ..,; The City of Jefferson desires to participate in the cooperative procurement program with the State of Ivssoud,the County of Cole,the Housing Authority and any other interested 811195-45/Page 3 :� w�• �. ,. fir. , � �` r � i { y s 5. F j .�'• t , ..n•yi� l.i�'j,rr�'� ..fn4 if g"�+ttd jti rV �. f' now .i/rhk 'i M�_. ,•�"F �'+" 'i`?F'=tllt governmental bodies. The purchasing agent shall be the designated city representative for the administration of the cooperative procurement program. (Resolution passed 8-20-79) (Ord.No. 11936,§2,7-19-93) Sec.2-383.Local Preference. In making purchases or in letting contracts for the performance of any job or service, the purchasing agent shall give preference to all firms, corporations or individuals which maintain offices or places of business within the corporate limits of the City of Jefferson, when the quality of the commodity or performance promised Is equal or better and the price quoted Is the same or less. (Ord. 10939,§ 1, 10-19-87;Ord. No. 11936,§2,7-19-93) Sec.2-384.Preference for U.S.-manufactured goods. . On purchases in excess often thousand dollars ($10,000.00),the city shall select products manufactured,assembled or produced In the United States,if quantity,quality,and price are equal. Every contract for public works construction or maintenance in excess of ten thousand dollars ($10,000.00) shall contain a provision requesting the contractor to use American products in the performance of the contract. (Ord. 10939,§ 1, 10-19-87;Ord. No. 11936,§2,7-19-93) Sec.2-385.Surplus Property. On a yearly basis,or as needed,all departments shall submit to the purchasing agent reports showing any real or personal property to be declared surplus. The 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 submit a report to the city council Informing them of the content of the departmental reports. t (Ord.No. 11747,§ 1,6-4-92;Ord. No. 11936,§2,7-19-93) Sec.2-386.Announcement and Method of Sale. A. A notice shall be published in the newspaper with the highest circulation in the city and posted at City Hall not less than thirty(30)days before bid opening, announcing the dtys intent to sell the property. The purchasing agent shall offer for public inspection the file of all nonconfidential documents for public information. B. During the thirty day period, sealed bids may be filed with the purchasing agent. In determining which bid to accept,the council may consider the competitive nature of the bid as well as the location of the property and whether the bidder owns property adjacent to or close by the property which Is the subject of the sale. (Ord.No. 11747,§1,6-4-92;Ord,No.11936,§2,7-19-93) C. The Council may authorize additional methods of disposal of surplus property. Bill 95-45/Page 4 t r M414��!dfu ,y-µ�;',� Sec.2-387.Minimum Bid Requirement and Rejection of Bids, The city council may establish a minimum bid requirement for any parcel of property and may reject any and all bids. (Ord.No. 11747,§1,6-4-92;Ord. No. 11936,§2,7-19-93) Sec.2-388.Sale of Park Commission Property. Should the Parks and Recreation Commission determine that real property owned by the Parks Commission is surplus, the procedure outlined above for the disposal of surplus property shall be followed. The Commission may establish a minimum bid requirement for any parcel of property at the time it declares it surplus. (Ord.No.11747,§1,6-4-92;Ord. No. 11936,§2,7-19-93) i.. Sec. 2-389.Letter of Intent. At any time,a letter of intent may be filed with the city clerk by a member of the public who is interested in purchasing city-owned property. The 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. (Orb. No. 11747,§ 1,6-4-92;Ord. No. 11936,§2,7-19-93) r Sec.2-390.Debarment. V A. The purchasing agent is authorized to debar a person from consideration for award of contracts for any of 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 the performance of such contract or subcontract. 2. Conviction under state or federal statutes of embezzlement,theft, forgery, bribery, falsification or destruction of records, receiving stolen property,or any other offense indicating a lack of integrity or y, honesty which currently,seriously and directly affects responsibility as a city contractor or vendor. 3. Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals. 4. Deliberate failure without good cause to perform in accordance with contract specifications or within the time limit provided in the contract. r 5. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor or vendor shall 811195-45/Page 5 .•py, t not be considered a basis for debarment. 6. Any other .cause so serious and compelling as to affect responsibility as a city contractor,including debarment by another governmental entity for any cause listed in this article. B. The length of a debarment shall not exceed three (3)years. C. An action to debar a contractor may be initiated and shall proceed as follows: 1. The purchasing agent shall Initiate a debarment by serving written notice of the debarment to the person he Intends to debar. The notice shall set forth the specific grounds for the debarment and advise the person of his right to appeal. The notice shall be served Al by registered or certified mail or by delivering a copy of the notice th the person subject to debarment or his agent or employee. The debarment shall take effect ten(10)days after service of the notice unless an appeal Is taken to the director of finance. If such an appeal is taken, the debarment shall not take effect until a final order upholding the debarment is entered by the director or until the appeal Is dismissed by the appellant. a 2. Within ten (110)days after service of a written notice of debarment, the person affected by the notice may file a written request for a hearing before the director of finance contesting the debarment. 3. The director of finance shall set the matter for hearing on the record within thirty(30)days of the receipt of a request for a hearing. At least ten (10) days notice of the hearing shall be given to the K affected person and to the head of the purchasing division. 4. At the hearing,each party shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnessesi and impeach any witness. Oral evidence shall be taken only on oath or affirmation. All evidence shall be suitably recorded and preserved. The technical rules of evidence shall not apply, except the director may exclude evidence which is irrelevant or repetitious. ' Each party shall be entitled to present oral arguments or written briefs at or after the hearing. Yj 5. Within ten(10)working days of the hearing,the director of finance shall make written findings of fact and conclusions of law and issue a final order. Findings of 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 fact and conclusions of law,shall be delivered or mailed to the purchasing agent and to the affected person. S. An appeal from the director's order shall be to the circuit court pursuant to Chapter 536, RSMo. 7. Cost of Proceedings. The cost of debarment proceedings shall be taxed against the losing party. 811195-45/Page 8 t i.Y. i i 4 I.W �l.M� rY•y.r �� x "ii. .. �.�.,-...,.:s s r : � F � ;���� �� f y�' s , �. � � ,. 1 n..±;S"<:.'r• r.. , ; �'���aM� ��iEZ,if+�it�+�"t'1?t �k�t1iY,i"F ,G�•'��r'e�k'7`:.�'NfFJ�.��:G c,+z `f,!'P74'��j}y� `'Y�'� r, tr.. '�. Nothing In this section shall limit the authority of the purchasing 5= division to accept the bid which in his judgment Is the lowest and best'bid, or to reject any or all bids or to reject a bid on grounds which could have been used to debar the bidder. ; : . (Ord,No. 11936,§3,7-19-93) Sec.2-391. Sole source procurement. A. Competitive bids can be waived when there is only a single feasible source. A single feasible source is defined as listed below. 1. Proprietary,only available from manufacturer or single distributor. } 2. Bidding history determines that the item is only available from y manufacturer or a single distributor. Advertising may be waived in the above circumstances. Sec. 2-392. Fuel purchases exempt. All purchases of fuel over ten thousand dollars($10,000)are exempt from purchasing limits in Section 2-379,item (c). -:i Sec.2-393. Purchases from federal surplus property. All-purchases from federal surplus property (Surplus Property, State of Missouri)are exempt from purchasing limits Sec.2-379 items(a),(b), (c). Sec.2-394. General Services Administration (G S A)contracts. 4 All purchases from General Services Administration (G S A)contracts are a }, exempt from Sec 2-379. Purchasing limits do not apply in these instances. Sec.2-395. Policies and Procedures for Selecting Professional Service Finns Including Architectural, Engineering and Land Surveying Finns The following describes policies and procedures to be used by City of Jefferson In selecting professional service firms. Professional service forms including, but not limited to, architectural,engineering and-land surveying firms shall be referred to as"firms". f , A. CONTRACTS AND FEES it shall be the policy of City of Jefferson to negotiate contracts with firms for services on the bass of demonstrated competence and qualifications for the type of services required and at fair and reasonable fees. Blll95-45/Page 7 r � ,y ': 'ffy`*$ ��N4 � �.�`+ ANJc:<.y14 ., .E'K.1. �• ,i�4 � � <�+l.fib y r tSi��yX "��... '..k ��" J�irF�,: ; t;.sue,�F : �,y„}t<v1r t•,'T'h{eal a«•t.t fj.s,: r �n s. �ai�k,�+s}.J.:�� C � S�tt..y 2Ue r<#l.t}"?.5. � '�1',,, u.:�' !t A,.. B. QUALIFICATIONS OF FIRMS .±.rr It shall be the policy of City of Jefferson to encourage firms engaged in the lawful . practice of their professions to annually submit statements of their qualifications and performance record. Whenever a proposed project requires the services of a firm,the City shall evaluate current statements of qualifications and performance records of firms on file ' togedw with those that may be submitted by other firms regarding the proposed project. The City shall use the following criteria in evaluating the qualifications of each firm: 1. The specialized experience and technical competence of the firm ' with respect to the type of services required. 2. The capacity and capability of the firm to perform the work in a , question, including specialized services, within the time limitations ' fixed for the completion of the project. k 3. The past record of performance of the firm with respect to such factors as control costs, quality of work, and ability to meet schedules.. -j 4. The firm's-proximity to and familiarity with the area In which the project Is located. T, 4 C. CITY FILES FOR FIRMS AND PROJECTS s ` 1. The purchasing agent shall compile and maintain a file of firms that ' are potential consultants for doing projects for City of Jefferson. 2. The purchasing agent shall prepare every sit months, a list of all i the firms used in the preceding year for review. 3. Each firm shall be evaluated within 30 days after completing a contract with the City. 4. When a project Is proposed,the principal department proposing the project shall prepare a description of the project, including the Scope of Work,the identification of applicable plans, a timetable r and a budget, S. The selection committed,shall prepare a list of firms from the file for ;. the proposed project. Selection of the firms shall be based upon preliminary review comparing the nature of the job with the experience of the firms and other significant factors. 6. The firms selected shall be sent a description of the project and a ' T7 questionnaire designed to obtain more detailed information related to the firm's qualifications for the specific project. Selected firms j from those responding to the questionnaire shall be interviewed by a selection committee. t t D. SELECTION COMMITTEE t The selection committee shall be appointed by the City Administrator. The selection committee shall be composed of the " department director and at least two additional members from other departments. This Committee shall review the information at hand and the principals of the firms. Whenever the project involves total expenditures of over $500,000.00 or the anticipated expenditure for professional services being sought exceed$10,000.00 all members of the Council shall be notified of the proceedings of the selection committee. i Bill 95-45 1Page 8 t I 'r. .lr •` k 4t'O l.... 111,f}.. .,t, 'k. i;..•,!M F n 4°:.� ..�Y S' ;, x �2 Y,. :. f -, � r t �t t .s,;x l ''. 4F. << ✓�. i,:C .7•�jF n '�1 v t";�"3 77#, _ f r K'���f��yi a}f�r .,s "2rrr`� ,✓h- ,k 3 •{eS..,ks4r` ��Ty+•iRd .,:,y.yet �.->, i H!`i s.r^ tF.. '�'F,k �vt. • 1 ' f Bi! t z',•+'{'�,1tR�l`Z f , J zyy iJ �`. °'� �,s, ¢p�� � E ." .. t�r eo Etih, f'�f-, ,'Jh§ alt:* wt' . •. . � t ti " E. NEGOTIATION FOR CONTRACT 1. The selection committee shall select from the file for each project, three firms that are highly qualified to fulfill the proposed assignment in the best Interest of the City. The firms shall be placed in ranked order. r 2. The firm ranked first shall be asked to make a comprehensive written and -oral presentation demonstrating its methods and experience related to the project,which principals shall be assigned to the project,the consultants to be used,a schedule of document preparation,estimating procedures,services to be rendered during construction, and any other information helpful in determining how well the particular firm is qualified to do the job. 3. The selection committee shall then reach a decision as to whether or not to proceed with fee negotiations with the selected firm. If the i. parties reach an agreement, a contract shall be prepared and the other firms shall be promptly advised. 4. If the first-ranking firm's proposal is not satisfactory, negotiations shall be Initiated with the second-ranking firm. Again, if the negotiations are unsatisfactory, the selection committee shall negotiate with the third-ranking firm. If these negotiations prove unsatisfactory, the project shall be restudied and the City's expectations shall be 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 same manner. ' Sec. 2-396. Bidding procedure for construction projects The following describes procedures to be followed by the City in selecting construction contractors for projects. When construction documents have been completed and approved and the approved sets have been delivered to the appropriate City official,the next step is the r selection of a construction firm for the project. This contractor shall be selected as follows: 4. ` A. Competitive bids: The City shall seek competitive bids for projects by advertising and or invitations to prospective contractors that the City intends i k to construct said project. r B. Advertising or invitation to contractors: To inform prospective bidders that a contract is to be awarded and invite bids for the proposed project an advertisement shall be placed in a daily paper of general circulation. Items r • which may be included in the advertisement or invitation are: S• 1. A brief description of the project and its location. 2. Name and address of the owner. 3. Name and address of the person authorized to receive bids. 4. The place,date and hour of bid opening, restrictions on submission, changes and withdrawal of bids. 5. Character of bids: Phasing,unit-price,lump-sum,alternates etc. 6. Quantities Involved in the project. 7. The amount of the bid surety and whether it is to be by cerfified check, bid bond etc. and provisions for returning surety to unsuccessful bidders. 8. Statement as to where plans and specifications may be obtained or examined and the charge or deposit required for each set and BN 95-45/Page 9 1 s s c � x 6 4' .s•xt .h _ � ; • u. a.H. .i .� .?-r„rx, ,� ..> L sd. r,..,a �:y�,,, {. n•t, .;...._r.. .. tF '1i '�.r#a y..Yw�1, 1--`1:. to •1.. ,� ' .t. r+.§ t'fvIN- �`yf 11- ls1 4�!C, 1 . ; dls�.jFyn `b "µttplK`A�; r. �'} ,' ;t.n F f provision for recovery of charge or deposit when documents are returned. ~j 9. Conditions of contract award and the owner's right to accept the lowest responsible bid and to reject any or all bids. 10, Name of the consultant and the authorized representative for the owner and consultant. .F > 91• Contract surety: The amount and type of performance and payment bond. ' r C. Instructions to bidders: A document in which all bidders are fumished ? t Identical information on the features of the project along with instructions on the procedure to be followed In submitting bids. Items which may be Included In the Instructions to bidders are: ,M f 1. Bidder's experience,work record and or prequalification data. 2• Procedure for completing and submitting the bid. 3• A list of the plans and specifications and an estimate of quantities for unit price contracts or an exact description of the scope of the project If contract Is to be lump-sum. 4• An estimate of the time it will take the bidder to complete the project. 5• Responsibility for accuracy of bidding information in reference to subsoil data,test borings,errors in plans and specifications,etc. 6. Information on formalities and informalities in accepting or rejecting bids. 7• Miscellaneous instructions as needed. D. Bid form: A document to ensure that all bids are prepared in a similar manner and to facilitate the analysis and comparison of bids and to detect Informalities In the bids. It is a convenience to bidders and it encourages j accuracy and fairness. Items which may be included in the bid form are: ; 1• An offer from the bidder to perform the work as specified for a given price. 2• 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 bid bond, certified check or other form of guarantee that is to accompany the bid. 4• An agreement by the bidder to furnish the required contract surety if the contract Is awarded. 5. Provision for the bidder to acknowledge receipt of all addenda to the a plans and specifications. 6. The list of subcontractors to be employed for special work. 7• The experience record, financial statement and lant questionnaire,when required. p equipment 8. Statement that there is no collusion or fraud with reference to illegal Y relationships of bidders and representatives of the Owner or consultant, bid pooling or straw bids. 9. Statement by the bidder that the site has been examined and the plans and specifications are understood by the bidder. 10. Appropriate signatures and witnesses as required. E. Prebid conference: Preparatory to putting the bid together, a prebid conference may be held for those bidders anticipating submitting a bid on said project. The prebld conference is to do the following: Bill 95-45/Page 90 41 tt..i�t{•.'a.' S * '` �'t M.": �� t nos. .( `r r.. .St s, (" '• t ' ' N >< '+('Tr • i .a -w? r vk fa rS ri t' ks., k1r > ) s'aA1 { .. ! a M t v r..,s t 1. Allow bidders,both contractors and subcontractors a chance to ask questions of those who prepared the plans and wrote the i specifications. 2. Allow explanations and answers to questions to be given by those best qualified. 3. To allow scheduled prebid conference to be held midway between ` advertising for bids and the bid opening date. 4. To give additional opportunities so the site can be visited, If necessary. F. Addenda: During the bidding period, any and all additional instructions, clarifications,interpretation or modifications shall be made by an addendum prepared by the consultant or Owner and signed by the consultant an da Owner's representative. ..".W." 1. The addendum shall be delivered, either by the Owner or the consultant,as agreed upon by the two. 2. A receipt shall be received for all hand delNered addendum by the deliverer. Addendum sent by mail shall be mailed by the fastest delivery method and shall be sent by registered mail with a signed t receipt requested. 3. No one is authorized to make any clarifications, interpretations, or modifications or give any instructions to the bidders during the 'A bidding period except as described in this section on ADDENDA. G. Receiving and opening bids: Bids may be submitted at anytime after the project has been officially advertised or invitations extended and prior to the r hour designated for the opening of the bids. } 1. Bids submitted may be withdrawn or changed anytime before the `n ` official opening. 2. No changes are permitted after bids have been opened. I Y.' 3. Bids shall be submitted on the proposal/bid form with all accompanying papers placed in a sealed envelope addressed to the person authorized to receive same and endorsed with the bidders name and the title of the project. 4. All bids shall be opened and read aloud publicly at the proper time so that all bidders and others interested may be present as witnesse$and/or to tabulate amounts. }' H. Awarding the contract: After the bids have been opened any consultant and rl the Owners representative shall meet to determine if a low and responsible bid has been received. The following shall be done: 1. A study of the qualifications of the bidders shall be made to determine if there are irresponsible and undesirable bidders and to eliminate same. 2. An analysis and comparison of bids shall be made to determine the lowest responsible bidder. 3. When a low and responsible bidder has been determined, the City shall proceed to obtain a contract with the lowest responsible bidder. 4. A formal notice of award shall be issued to the bidder notifying the bidder of his/her selection. The bidder shall be told of the time and place designated to sign the contract. Bill 95-45 1Page 11 �i i `t t r 4 II ra E'( 1 �^A �} r :� .�.. •.:i� .tTrr �kysp.r� kr;: .� �,.a��5� t `• �� t1�°5 tj�� �sr t�i�Y'Yt k. S b '� ��\�Y� � 1 i� .its _ ,. +f, ri i� �r .w" ar �. ¢� �a(.•{+ �y S2. ;�� ��Sa ,ah G qtr.1 � r� � f. � ik.t{ r•, :a ,�. r. A� }Y d.a±rr k: � �µ ,r°FY ',ti .. v .tly .+ ,i; •r...,,.' .r ._t�i ..`i ~}s�?tri „*A '{:rru.:, '.����' y',.,.5 rtpk.. :4 z@ " Mu,'P g �i t ,a}.. u,�,l +� �l i�' -n .�'. �, y tl•,���• `, �,• , 1f �Y�S 1' !1 � �• '� S�Y��.��i` t✓ Z �1.�,5..::- 4 N't,•,lw iS �,r 5, If the lowest responsible bidder Is unable to execute a contract,the City shall proceed to execute a contract with the next responsible bidder. If this bidder is unable to execute a contract, the City shall continue the process with all responsible bidders if necessary. { 8. The City shall have the right to use any or all of the bid security of any or all bidders to execute a contract when the bidder Is unable to execute a contract for a project bid. ` 7. If the City decides to accept a bid other than the apparent low bid, - this reason shall be clearly stated in writing giving the specific reasons. t3. After acceptance of the bid and the contract has been signed, a formal notice to proceed shall be forwarded to the contractor authorizing the contractor to begin work. i. WHEN LOW BID EXCEEDS FUNDS: Occasionally after opening bids,the s' lowest bid may exceed available funds. These are the possible alternatives t when this happens: ' 1. The owner and any consultants shall meet with the low bidder to see If enough substitutes and changes can be realized to make n constructing the project feasible and within the budget. 2.. Rework the plans and specifications and reduce the scope of the } s •b= project to allow bids within the budget. `+ 3. Secure additional funds. ;. 4. A combination of 1 and 3. Negotiate as much as possible with the low bidder and secure additional funding [when other than state / funds]. .,, 5. Rejection of all bids. J. PRECONSTRUCTION CONFERENCE: Immediately after a construction contract Sh has been fully executed and before construction begins,the Owner,consultants and <; contractor shall meet to do the following: r' Meet with subcontractors and the superintendent for the project. 2. Get acquainted and discuss the several phases of the project so that when-understood by all,the job will run smoothly. , is 3. To establish,lines of communication and lines of authority to be followed during construction. t t. 4. To discuss items of interest and concern to all. .y Secs. 2-395-2-409. Reserved. ,Section 3. This Ordinance shall be in full force and effect from and " after the date of its passage and approval. Passed: July 24. 1995 Approved: u(� a 6 Presiding Officer Mayor ATTES City Clerk ®11195-45/Page 12 t C r