City of North Adams, MA
Berkshire County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[1]
Cross references: Administration, Ch. 2, chief procurement officer, § 2-155 et seq.

Sec. 18-1 Contracts or purchases of less than $10,000.

[12-12-1967; Ord. of 9-23-1988; Ord. of 6-12-1990]
All purchases of supplies or contractual services of less than the estimated value of $10,000 shall be made in conformance with the provisions of General Laws, Chapter 30B.

Sec. 18-2 General regulations as to execution, bond, form, etc.

[12-12-67; Ord. of 10-27-87; Ord. of 6-12-90]
All contracts made by any department, board or commission of the city where the amount involved is $5,000 or more shall be in writing. No contract shall be deemed to have been made or executed until approval by the mayor and also the officer or head of the department or chairman of the board, as the case may be, has affixed thereto his signature.
Any contract may be required to be accompanied by a bond with surety satisfactory to the board or official having the matter in charge, or by a deposit of money, certified check or other security for the satisfactory performance thereof. Such bond, money, certified check or other security, if required, shall be deposited with the city treasurer until the contract has been carried out in all respects. No contract shall be altered except by written agreement of the contractor, the surety on the bond, if any, and the officer, department or board, as the case may be, making the contract, with the approval of the mayor.

Sec. 18-3 Advertisement to bid; plans and specifications.

[12-12-67; Ord. of 10-27-87; Ord. of 6-12-90]
Except as provided in General Laws, Chapter 149, Sections 44A through 44L, all contract for construction work or for the purpose of purchasing of equipment, supplies or materials, whether for repairs or original construction, the estimated cost of which amounts to $10,000 or more, shall be awarded in conformance with the provisions set forth in General Laws, Chapter 30B.
It shall be the duty and responsibility of the official or officials in charge of a department, board or commission to prepare, or cause to be prepared, the plans or specifications. Said plans or specifications must contain all information with sufficient certainty and clarity as may be practicable relative to the public work or supplies so that same shall permit of competition.

Sec. 18-4 Bid deposits generally.

When deemed necessary by any department, board or commission regulated by this article, bid deposits shall be prescribed in the public advertisement inviting bides in an amount not to exceed 10% of the bid submitted. Such bid deposit shall be for the purpose of insuring the city that the bidder will enter into a contract as prescribed by the terms therein. All bidders other than the one to whom the contract is awarded shall be entitled immediately to a return of their bid deposit. A successful bidder shall forfeit his bid upon failure on his part to enter into a contract within 14 days after the contract is awarded. Upon execution of the contract to the successful bidder, his bid deposit shall be forwarded to him immediately. If performance bond is required, the contract will not be deemed executed until the performance bond is delivered to department, board or commission and properly approved.

Sec. 18-5 Bid opening procedure.

(a) 
Sealed. Bids shall be submitted sealed to the department, board or commission regulated by this article and shall be identified as bids on the envelope.
(b) 
Opening. Bids shall be opened in public at the time and place stated in the public advertisement.
(c) 
Tabulation. A tabulation of all bids received shall be made available for public inspection.

Sec. 18-6 Rejection of bids.

The department, board or commission regulated by this article shall have the authority to reject all bids, parts of bids or all bids for any one or more supplies or contractual service included in the contract, when the public interest will be served thereby.

Sec. 18-7 Bids where contractor in default to city.

The department, board or commission coming under the regulations of this article may accept the bid of a contractor who is in default on the payment of taxes, licenses or other moneys due the city, on condition that money due the contractor resulting from an awarded contract may be applied to his indebtedness to the city.

Sec. 18-8 Award of contract generally.

(a) 
Authority of department board or commission. The department, board or commission shall have authority to award contracts within the purview of this article.
(b) 
Lowest responsible bidder. Except as otherwise provided the contract shall be awarded to the lowest responsible bidder. In determining "lowest responsible bidder", in addition to price, the department, board or commission shall consider:
(1) 
The ability, capacity and 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 performance of previous contracts or services;
(5) 
The previous and existing compliance by the bidder with laws or 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 use of the subject of the contract;
(9) 
The number and scope of conditions attached to the bid.

Sec. 18-9 Award of contract to other than low bidder.

When the award of a contract under this article is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the department, board or commission and filed with the other papers relating to the transaction.

Sec. 18-10 Tie bids.

(a) 
Local bidder. If all bids received under this article are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder.
(b) 
Outside bidders. Where paragraph (a) is not in effect, the department, board or commission under this article shall award the contract to one of the tie bidders or to all of the tie bidders as it deems in the best interest of the city; provided, and on condition that the contractor entering into a contract which is awarded to more than one bidder shall be deemed to agree to supply the city with all or part of the contract subject matter.

Sec. 18-11 Emergency purchases.

[Ord. of 6-12-90]
Notwithstanding the provisions of this article in case of an apparent emergency which requires immediate purchase of supplies or contractual services, the mayor is hereby authorized and empowered to approve purchases of the department, board or commission as is set forth in section 18-1 at the lowest obtainable price.
A full report of the circumstances of such emergency purchase shall be filed by the department, board or commission, with the city clerk and shall be entered in the minutes of the council and shall be open to public inspection.