07/23/2002 Ordinances 8752
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ORDINANCE NO. 8752
An ordinance to amend Chapter 27 of the Grand Island City Code; to amend
Section 27-6 pertaining to the Purchasing Agent; to delete Section 27-7 pertaining to delegation
of authority; to amend Section 27-8 pertaining to advertisement for bids; to amend Section 27-9
pertaining to advertisement for proposals; to amend Section 27-10 pertaining to professional
services; to amend Section 27-11 pertaining to limits for quotation and small purchases; to repeal
Sections 27-6, 27-7, 27-8, 27-9, 27-10, and 27-11 as now existing, and any ordinance or parts of
ordinances in conflict herewith; and to provide for publication and the effective date of this
ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 27-6 of the Grand Island City Code is hereby amended to
read as follows:
~27-6. Authority And Duties
Except as otherwise provided herein, the purchasing agent shall serve as the principal public purchasing
official for the City and shall be responsible for the procurement of supplies, services, and construction in
accordance with this chapter, as well as the management and disposal of supplies.
In accordance with this chapter, and subject to the supervision of the mayor and city council through the
city administrator, the purchasing agent shall:
(A) Procure or supervise the procurement of all supplies, services, and construction needed by the City;
(B) Sell, trade, or otherwise dispose of surplus supplies belonging to the City; and
(C) Establish and maintain programs for specifications development, contract administration and
inspection and acceptance, in cooperation with the public agencies using the supplies, services, and
construction.
Consistent with this chapter, and with the approval of the mayor and the city council, the purchasing agent may
adopt operational procedures relating to the execution of its duties.
SECTION 2. Section 27-7 of the Grand Island City Code is hereby deleted.
SECTION 3. Section 27-8 of the Grand Island City Code is hereby amended to
read as follows:
Approved as to i=orm T ~
July 24, 2002 ... City Attorney
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ORDINANCE NO. 8752 (Cont.)
~27-8. Competitive Sealed Bidding
Conditions for Use. All contracts of the City shall be awarded by competitive sealed bidding except as
otherwise provided in ~27-9 (Competitive Sealed Proposals), ~27-1O (Designated Professional Services), ~27-11
(Small Purchases), ~27-12 (Sole Source Procurement), ~27-l3 (Emergency Procurements), and ~27-35 (Architects,
Engineers, Surveyors) of this chapter.
Invitation for Bids. An invitation for bids shall be issued and shall include specifications, and all
contractual terms and conditions applicable to the procurement. Invitations for bids on public works contracts shall
require a statement of compliance with fair labor standards as required by Neb. R.R.S. 73-102.
Public Notice. Adequate public notice of the invitation for bids shall be given a reasonable time, not less
than seven (7) calendar days prior to the date set forth therein for the opening of bids. Such notice may include
publication in a newspaper of general circulation a reasonable time prior to bid opening. The public notice shall state
the place, date, and time of bid opening.
Bid Openinz. Bids shall be opened publicly in the presence of one or more witnesses at the time and place
designated in the invitation for bids. The amount of each bid, and such other relevant information as the purchasing
agent deems appropriate, together with the name of each bidder shall be recorded; the record and each bid shall be
open to public inspection in accordance with ~27-4 (Public Access to Information).
Bid Accevtance and Bid Evaluation. Bids shall be unconditionally accepted without alteration or correction,
except as authorized in this chapter. Bids shall be evaluated based on the requirements set forth in the invitation for
bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship,
delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in
evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle
costs. The invitation for bids shall set forth the evaluation criteria to be used. No criteria may be used in bid
evaluation that are not set forth in the invitation for bids.
Correction or Withdrawal of Bids; Cancellation of Awards. Correction or withdrawal of inadvertently
erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may
be permitted where appropriate. Mistakes discovered before bid opening may be modified or withdrawn by written
or telegraphic notice received in the office designated in the invitation for bids prior to the time set for bid opening.
After bid opening, corrections in bids shall be permitted only to the extent that the bidder can show by clear and
convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the bid
price actually intended. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the
interest of the City or fair competition shall be permitted. In lieu of bid correction, a low bidder alleging a material
mistake of fact may be permitted to withdraw its bid if:
(A) The mistake is clearly evident on the face of the bid document but the intended correct bid is not
similarly evident; or
(B) The bidder submits evidence which clearly and convincingly demonstrates that a mistake was made.
All decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid
mistakes, shall be supported by a written determination made by the purchasing agent.
Award. The contract shall be awarded with reasonable promptness by appropriate written notice to the
lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for
bids, subject to the requirements of Neb. R.R.S. 73-101.01 for resident bidder preference. In the event the low
responsive and responsible bid for a construction project exceeds available funds as certified by the city treasurer,
and such bid does not exceed such funds by more than five percent, the purchasing agent is authorized, when time or
economic considerations preclude resolicitation of work of a reduced scope, to negotiate an adjustment of the bid
price with the low responsive and responsible bidder, in order to bring the bid within the amount of available funds.
Negotiated adjustments shall be based upon eliminating independent deductive items specified in the invitation for
bids or upon adjustments to unit prices or project prices.
Multi-Stev Sealed Biddinz. When it is considered impractical to prepare initially a purchase description to
support an award based on price, an invitation for bids may be issued requesting the submission of unpriced offers to
be followed by an invitation for bids limited to those bidders whose offers have been determined to be technically
acceptable under the criteria set forth in the first solicitation.
Local Bidder Preference. In case of tied low bids, all other things being equal, preference shall be given in
the following order:
(A) To those bidders who manufacture their products within the limits of the City of Grand Island;
(B) To those bidders who manufacture their products within the limits of the County of Rall;
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Approved as to Form T
July 24, 2002 ... City Attorney
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ORDINANCE NO. 8752 (Cont.)
(C) To those bidders who package, process, or through some other substantial operation have employees
and facilities for these purposes in the City of Grand Island;
(D) To those bidders who package, process, or through some other substantial operation have employees
and facilities for these purposes in the County of Hall;
(E) To those bidders who maintain a bona fide business office in the City of Grand Island, whose products
may be made outside the confines of the County of Hall;
(F) To those bidders who maintain a bona fide business office in the County of Hall, whose products may
be made outside of the confines ofthe County of Hall;
(G) To those bidders whose commodities are manufactured, mined, produced, or grown within the State of
Nebraska, and to all firms, corporations, or individuals doing business as Nebraska firms, corporations, or
individuals when quality is equal or better and delivered price is the same or less than the other bids
received;
(H) To those bidders whose commodities are manufactured, mined, produced, or grown within the United
States of America, and to all firms, corporations, or individuals doing business as firms registered in states
other than Nebraska, when quality is equal or better and delivered price is the same or less than the other
bids received.
SECTION 4. Section 27-9 of the Grand Island City Code is hereby amended to
read as follows:
~27-9. Competitive Sealed Proposals
Conditions for Use. When the purchasing agent determines in writing that the use of competitive sealed
bidding is either not practicable or not advantageous to the City, a contract may be entered into by use of the
competitive sealed proposals method.
Request for Proposals. Proposals shall be solicited through a request for proposals.
Public Notice. Adequate public notice of the request for proposals shall be given in the same manner as
provided in ~27-8 (Competitive Sealed Bidding); provided, the minimum time shall be fifteen (15) calendar days.
Receivt of Proposals. No proposals shall be handled so as to permit disclosure of the identity of any offeror
or the contents of any proposal to competing offerors during the process of negotiation. A register of proposals shall
be prepared containing the name of each offeror, the number of modifications received, if any, and a description
sufficient to identify the item offered. The register of proposals shall be open for public inspection only after
contract award.
Evaluation Factors. The request for proposals shall state the relative importance of price and other
evaluation factors.
Discussion with Resvonsible O(ferors and Revisions to Provosals. As provided in the request for proposals,
discussions may be conducted with responsible offerors who submit proposals determined to be reasonably
susceptible of being selected for award for the purpose of clarification to assure full understanding of, and
conformance to, the solicitation requirements. Offerors shall be accorded fair and equal treatment with respect to
any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and
prior to award for the purpose of obtaining best and final offers. In conducting discussion, there shall be no
disclosure of the identity of competing offerors or of any information derived from proposals submitted by
competing offerors.
Award. Award shall be made to the responsible offeror whose proposal is determined in writing to be the
most advantageous to the City, taking into consideration price and the evaluation factors set forth in the request for
proposals. No other factors or criteria shall be used in the evaluation. The contract file shall contain the basis on
which the award is made.
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Approved as to Form T C():;""
July 24, 2002 ... City Attorney
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ORDINANCE NO. 8752 (Cont.)
SECTION 5. Section 27-10 of the Grand Island City Code is hereby amended to
read as follows:
~27-10. Designated ProCessional Services
Authoritv. For the purpose of procuring the services of accountants, clergy, physicians, lawyers, dentists, as
defined by the laws of the State of Nebraska, any using agency requiring such services may procure them on its own
behalf, in accordance with the selection procedures specified in this section. A using agency procuring such services
shall consult with the purchasing agent. No contract for the services of legal counsel may be awarded without the
approval of the city council.
Selection Procedure:
(A) Conditions for Use. Except as provided under S27-12 (Sole Source Procurement) or S27-13
(Emergency Procurements), the professional services designated in this section shall be procured in accordance
with this section.
(B) Statement of Qualifications. Persons engaged in providing the designated types of professional services
may submit statements of qualifications and expressions of interest in providing such professional services. A
using agency using such professional services may specify a uniform format for statements of qualifications.
Persons may amend these statements at any time by filing a new statement.
(C) Public Announcement and Form of Requestfor Proposals. Adequate public notice of the need for such
services shall be given by the using agency requiring the services through a request for proposals. Such notice
may include publication in a newspaper of general circulation not less than seven (7) days prior to the final date
for receipt of proposals. The request for proposals shall describe the services required, list the types of
information and data required of each offeror, and state the relative importance of particular qualifications.
(D) Discussions. The head of a using agency procuring the required professional services or a designee of
such officer may conduct discussions with any offeror who has submitted a proposal to determine such offeror's
qualifications for further consideration. Discussions shall not disclose any information derived from proposals
submitted by other offerors.
(E) Award. A ward shall be made to the offeror determined in writing by the head of the using agency
procuring the required professional services or a designee of such officer to be best qualified based on the
evaluation factors set forth in the request for proposals, and negotiation of compensation determined to be fair
and reasonable. If compensation cannot be agreed upon with the best qualified offeror, then negotiations will be
formally terminated with the selected offeror. If proposals were submitted by one or more other offerors
determined to be qualified, negotiations may be conducted with such other offeror or offerors, in the order of
their respective qualification ranking, and the contract may be awarded to the offeror then ranked best qualified
if the amount of compensation is determined to be fair and reasonable.
SECTION 6. Section 27-11 of the Grand Island City Code is hereby amended to
read as follows:
~27-11. Small Purchases
General. Any contract not exceeding $20,000, or in the case of utility power plant fuel contracts, any
contract not exceeding $40,000, or for the purchase of equipment used for such enlargement or improvement of the
electric system, any contract not exceeding $40,000, may be made in accordance with the purchase by quotation and
small purchase procedures authorized in this section. Contract requirements shall not be artificially divided so as to
constitute a purchase by quotation or a small purchase under this section.
Public Works General Improvement Proiects. In any contract not exceeding $20,000 for enlargement or
general improvements, such as water extensions, sewers, public heating systems, bridges, work on streets, or any
other work or improvement when the cost of such enlargement or improvement is assessed to the property, no less
than three businesses shall be solicited to submit quotations. A ward shall be made to the business offering the
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Approved as to Form T
July 24, 2002 ... City Attorney
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ORDINANCE NO. 8752 (Cont.)
lowest acceptable quotation. The names of businesses submitting quotations, and the date and amount of each
quotation shall be recorded and maintained as a public record.
Utility Power Plant Fuel Contracts. In all purchases of utility power plant fuel not exceeding $40,000 per
contract, no less than three businesses shall be solicited to submit quotations. Award shall be made to the business
offering the lowest acceptable quotation. The names of businesses submitting quotations and the date and amount of
each quotation shall be recorded and maintained as a public record.
Municival Electric Utilitv Enlarf!ement or Imvrovement. In any contract by the municipal electric utility
for the enlargement or improvement of the electric system or for the purchase of equipment used for such
enlargement or improvement, when said contract does not exceed $40,000, no less than three businesses shall be
solicited to submit quotations. A ward shall be made to the business offering the lowest acceptable quotation. The
names of businesses submitting quotations and the date and amount of each quotation shall be recorded and
maintained as a public record.
Purchases bv Ouotation. Insofar as it is practical for materials, supplies and equipment purchases in excess
of $2,500 and services and services/materials purchases in excess of $7,500, no less than three businesses shall be
solicited to submit quotations. A ward shall be made to the business offering the lowest acceptable quotation. The
names of the businesses submitting quotations, and the date and amount of each quotation, shall be recorded and
maintained as a public record.
Small Purchases. The purchasing agent shall adopt operational procedures for making small purchases of
materials, supplies and equipment in an amount of $2,500 or less, and for making purchases of services and labor,
including materials in an amount of$7,500 or less. Such operational procedures shall provide for obtaining adequate
and reasonable competition for the supply, service, or construction being purchased. Further, such operational
procedures shall require the preparation and maintenance of written records adequate to document the competition
obtained, properly account for the funds expended, and facilitate an audit of the small purchase made.
SECTION 8. Sections 27-6, 27-7, 27-8, 27-9, 27-10, and 27-11 as now existing,
and any ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 9. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: July 23, 2002.
Ken~
Attest:
Qcf\~ ~~lA~
RaNae Edwards, City Clerk
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Approved as to Form T
July 29, 2002 ... City ttorney