[Ord. No. 1746 §§1 — 4, 9-18-2008; Ord. No. 1852 §§2 — 6, 10-17-2013]
A. The following rules and procedures shall govern City purchases and expenditures, subject to the bidding requirements in Subsection
(B):
1.
Each department head is authorized to make budgeted expenditures
for supplies, materials and equipment not to exceed one thousand dollars
($1,000.00).
2.
Budgeted purchases and expenditures in excess of one thousand
dollars ($1,000.00) and not exceeding two thousand five hundred dollars
($2,500.00) may be made by department heads on written approval of
the Mayor.
3.
Budget purchases and expenditures between two thousand five
hundred dollars ($2,500.00) and seven thousand five hundred dollars
($7,500.00) shall be made only with the written approval of the Mayor,
a copy of which shall be filed with the Budget Committee.
4.
Budgeted purchases in excess of seven thousand five hundred
dollars ($7,500.00) may be made by a department head only upon motion
and approval of the Board of Aldermen.
5.
No such purchases or expenditures shall be made unless there
is a sufficient balance appropriated in the budgeted fund of the department
from which purchase or expenditure is to be made.
B. The following rules and procedures shall govern the submission and
letting of bids:
1.
Purchase contracts for work or material, or both, involving
an expense of less than two thousand five hundred dollars ($2,500.00),
but more than one thousand dollars ($1,000.00).
a.
The City shall use its best efforts to obtain a list of all
local vendors and/or contractors who sell such products or which provide
such services required by the City and, whenever practicable, prepare
a written request for a proposal ("RFP") of such services, specifying
the services or items needed, and to deliver to as many contractors
or firms as practicable said RFP via fax, e-mail, Internet sites and/or
letter or, if minor, by telephone solicitation.
b.
Whenever possible, each RFP shall list in detail the service
or material requested by the City, the place, date and hour of bid
opening, and any restrictions on submission, changes and withdrawing
of bids.
c.
Whenever practicable, all bids shall be received in a sealed
envelope or package and be opened at an open meeting of the Board
of Aldermen. For bidding of routine common items, such as supplies,
the Mayor or his/her designee shall receive bids by e-mail, fax or
by telephone survey. A copy of each bidding scheme shall be kept in
a permanent file. This procedure shall not be required for items expected
to cost less than one thousand dollars ($1,000.00) for any one item
or service.
2.
Purchase contracts for work or material, or both, involving
an expense of two thousand five hundred dollars ($2,500.00) or more;
exception for emergency purchases.
a.
Each department shall request bids for products or services
costing over two thousand five hundred dollars ($2,500.00) in expense.
The City shall also utilize fax, Internet sites, e-mail and telephone
service to solicit bids. Bidding requirements for work or materials
shall, when appropriate, follow those bidding procedures set forth
in the "Bidding Procedures for Construction Projects" which is set
forth in this Policy, except that no surety bond shall be required
unless specifically requested by the Board, or by law.
b.
In the interest of time, or when there are very few possible
vendors or promoters of a particular product or service, the Board
may elect not to require all the bidding requirements. In the event
of a true emergency, such as a weather-related event, the Mayor shall
have the authority to expend up to fifty thousand dollars ($50,000.00)
without bidding.
[Ord. No. 1869 § 1, 6-19-2014]
c.
The Board may add additional requirements to those set forth in Bidding Procedure For Construction Project Contractors, Subsection
(D).
C. Policies and procedures for selecting certain construction-related
professional services and for bidding construction projects are hereby
established as follows:
1.
The following describes policies and procedures to be used by
the City in selecting professional service firms. Professional service
firms, including, but not limited to, architectural, engineering,
and land surveying firms are hereby referred to as "firms." All policies
of the City shall follow the provisions of Sections 8.285 through
8.291, RSMo.
a.
Contracts and fees. It shall be the policy
of the City to negotiate contracts with firms for services on the
basis of demonstrated competence and qualifications for the type of
services required and at fair and reasonable fees.
b.
Qualifications of firms. It shall be the policy
of the City to encourage firms engaged in the lawful practice of their
professions to submit statements of their qualifications and performance
record on a periodic basis. 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 together 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 question, including specialized services, within the time
limitations fixed for the completion of the project.
(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.
(4) The firm's proximity to and familiarity with the
area in which the project is located.
c.
City files for firms and projects.
(1) The City shall compile and maintain a file of firms
that are potential consultants for performing projects for the City.
(2) Each firm shall be evaluated by the City within
thirty (30) days after completing a contract with the City.
(3) When a project is proposed, the City staff shall
prepare a description of the project, including the scope of work,
the identification of applicable plans, a timetable, and a budget.
(4) The firms selected shall be sent a description
of the project and a questionnaire designed to obtain more detailed
information related to the firm's qualifications for the specific
project. Selected firms from those responding to the questionnaire
shall be interviewed by a selection committee.
d.
Selection committee. A selection committee
may be appointed by the City's Board at its discretion, or it may
authorize the Mayor to select such a committee. The selection committee
shall be composed of the Mayor and at least two (2) additional members.
This Committee shall review the information at hand and the principals
of the firms.
e.
Procedures for selection.
(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.
(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 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.
D. Bidding Procedure For Construction Project Contractors. 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 selection of a construction firm for the project. This contractor
shall be selected as follows:
1.
Competitive bids. The City shall seek competitive
bids for projects by advertising and/or invitations to prospective
contractors that the City intends to construct said project.
2.
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 which may be included
in the advertisement or invitation are:
a.
A brief description of the project and its location.
b.
Name and address of the owner.
c.
Name and address of the person authorized to receive bids.
d.
The place, date, and hour of bid opening, restrictions on submission,
changes and withdrawal of bids.
e.
Character of bids: phasing, unit-price, lump-sum, alternates,
etc.
f.
Quantities involved in the project.
g.
The amount of the bid surety and whether it is to be by certified
check, bid bond, etc., and provisions for returning surety to unsuccessful
bidders.
h.
Statement as to where plans and specifications may be obtained
or examined and the charge or deposit required for each set and provision
for recovery of charge or deposit when documents are returned.
i.
Conditions of contract award and the owner's right to accept
the lowest responsible bid and to reject any or all bids.
j.
Name of the consultant and the authorized representative for
the owner and consultant.
k.
Contract surety: the amount and type of performance and payment
bond.
3.
Instructions to bidders. A document in which
all bidders are furnished 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:
a.
Bidder's experience, work record, and/or prequalification data.
b.
Procedure for completing and submitting the bid.
c.
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.
d.
An estimate of the time it will take the bidder to complete
the project.
e.
Responsibility for accuracy of bidding information in reference
to subsoil data, test borings, errors in plans and specifications,
etc.
f.
Information on formalities and informalities in accepting or
rejecting bids.
g.
Miscellaneous instructions as needed.
4.
Bid form. A document to ensure that all bids
are prepared in a similar manner, to facilitate the analysis and comparison
of bids, and to detect informalities in the bids. It is a convenience
to bidders and it encourages accuracy and fairness. Items which may
be included in the bid form are:
a.
An offer from the bidder to perform the work as specified for
a given price.
b.
An agreement to complete the project in a given number of days
after the notice to proceed has been given.
c.
The amount of the bid bond, certified check or other form of
guarantee that is to accompany the bid.
d.
An agreement by the bidder to furnish the required contract
surety if the contract is awarded.
e.
Provision for the bidder to acknowledge receipt of all addenda
to the plans and specifications.
f.
The list of subcontractors to be employed for special work.
g.
The experience record, financial statement, and plant equipment
questionnaire, when required.
h.
Statement that there is no collusion or fraud with reference
to illegal relationships of bidders and representatives of the City
or consultant, bid pooling or straw bids.
i.
Statement by the bidder that the site has been examined and
the plans and specifications are understood by the bidder.
j.
Appropriate signatures and witnesses as required.
5.
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 prebid conference is to do the
following:
a.
Allow bidders, both contractors and subcontractors, a chance
to ask questions of those who prepared the plans and wrote the specifications.
b.
Allow explanations and answers to questions to be given by those
best qualified.
c.
To allow scheduled prebid conference to be held midway between
advertising for bids and the bid opening date.
d.
To give additional opportunities so the site can be visited,
if necessary.
6.
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 City and
signed by the consultant and the City's representative.
a.
The addendum shall be delivered, either by the City or the consultant,
as agreed upon by the two.
b.
A receipt shall be received for all hand-delivered 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
receipt requested.
c.
No one is authorized to make any clarifications, interpretations
or modifications, or give any instructions to the bidders during the
bidding period except as described in this section on addenda.
7.
Receiving and opening bids. Bids may be submitted
at any time after the project has been officially advertised or invitations
extended and prior to the hour designated for the opening of the bids.
a.
Bids submitted may be withdrawn or changed anytime before the
official opening.
b.
No changes are permitted after bids have been opened.
c.
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 bidder's name and the title
of the project.
d.
All bids shall be opened and read aloud publicly at the proper
time so that all bidders and others interested may be present as witnesses
and/or to tabulate amounts.
8.
Awarding the contract. After the bids have
been opened, any consultant and the City's representative shall meet
to determine if a low and responsible bid has been received. If so,
the following shall be done:
a.
A study of the qualifications of the bidders shall be made to
determine if there are irresponsible and undesirable bidders and to
eliminate same.
b.
An analysis and comparison of bids shall be made to determine
the lowest responsible bidder.
c.
When a low and responsible bidder has been determined, the City
shall proceed to obtain a contract with the lowest responsible bidder.
d.
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.
e.
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.
f.
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.
g.
If the City decides to accept a bid other than the apparent
low bid, the reason shall be clearly stated in writing giving the
specific reasons.
h.
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.
9.
When low bid exceeds funds. Occasionally after
opening bids, the lowest bid may exceed available funds.
These are the possible alternatives when this happens:
a.
The City and any consultants shall meet with the low bidder
to see if enough substitutes and changes can be realized to make constructing
the project feasible and within the budget.
b.
Rework the plans and specifications and reduce the scope of
the project to allow bids within the budget.
d.
A combination of Subsection
(D)(9)(a) and
(c). Negotiate as much as possible with the low bidder and secure additional funding (when other than State funds).
10.
Preconstruction conference. Immediately after
a construction contract has been fully executed and before construction
begins, the City, consultants, and contractor shall meet to do the
following:
a.
Meet with subcontractors and the superintendent for the project.
b.
Get acquainted and discuss the several phases of the project
so that when understood by all, the job will run smoothly.
c.
To establish lines of communication and lines of authority to
be followed during construction.
d.
To discuss items of interest and concern to all.
E. In the event a specific bid procedure is provided for by any special
law of this State or ordinance of the City, such procedure shall govern
rather than the provisions of this Section.
[Ord. No. 1746 §5, 9-18-2008; Ord. No. 1852 §7, 10-17-2013]
It shall be the duty of the Budget Committee to oversee the
expenditure of City funds, and it shall review the same at least quarterly
and make such recommendations with respect to the City purchases and
expenditures of City funds as it may deem appropriate to ensure compliance
with the provisions of this Article, the annual budget, and the appropriations
made pursuant thereto. It shall report at least monthly to the Board
of Aldermen all bills which have been paid from any of the City's
funds.
[Ord. No. 1746 §5, 9-18-2008; Ord. No. 1852 §8, 10-17-2013]
Payments for purchases of materials, equipment, and supplies
made or services contracted for in accordance with the provisions
of this Article, or otherwise authorized by law and ordinances, shall
be made out of the applicable City fund, on warrants executed by the
Mayor and City Clerk, by checks drawn by the City Treasurer and countersigned
by the Mayor. It shall be the duty of each department head to certify
to the correctness of each bill or invoice and request payment therefor.
No action shall be required by the Board of Aldermen to cause or authorize
payment to be made for expenditures made in conformity with the provisions
of this Article or which have been otherwise authorized by law or
ordinance.
[Ord. No. 1575 §§1 — 2, 5-9-2002]
A. All
business entities contracting with the City of Woodson Terrace for
construction, repairs, maintenance and service projects of the City
funded with tax revenues of the City of Woodson Terrace are encouraged
and urged, to the extent possible, to employ residents of the City
of Woodson Terrace to work on such projects, and are further encouraged
to urge their subcontractors to employ City of Woodson Terrace residents
on such.
B. The
City of Woodson Terrace will encourage all contractors and subcontractors
on City funded projects to implement the policy recommendations of
the Federal Committee on Apprenticeship, United States Department
of Labor, Employment and Training Administration, and shall include
the following language in bid specifications issued by the City:
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The City seeks to ensure that the highest quality workmanship
will be performed on its projects and to do so, encourages bidders
to use workmen on the project who have satisfactorily completed apprenticeship
programs developed and operated in accordance with the policy recommendation,
dated January 28, 1992, of the Federal Committee on Apprenticeship,
U.S. Department of Labor, Employment and Training Administration,
office of work-based learning, Bureau of Apprenticeship and Training
(the "policy recommendation"). All bidders are required to certify
in their bids the percentage of their workmen for the project which
have satisfactorily completed such a program for the type of work
they will be performing.
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