HomeMy WebLinkAbout1978-03-27 173 AF ORDERSubstitute copy 2/12j79
Introduced by Councilor 173 AF
CITY OF BANGOR
(TIREJ (DrUr.............. Ame ding.,_tn_q, c ty of_H.apgor For chap ins Regsl4t;ion -
Architectural, Engineering and Consultant Services
BY W City COLLaaU ofA s My ofBaeyor:
ORDERED,
MT the Purchasing Regulations of the City ofBangorbe
amended to read as follows-.
Sec. 1 Putchasinq Regulations. Es tablished. In accordance with Chapter
Article 2, Section 6.2 of the Revised City ordinances of
the City of Bangor, Maine, the Purchasing Agent, with the con-
currance of the City Council, hereby establishes these Pur-
chasing Regulations to set forth the power and duties of the
Purchasing Agent and establish purchasing procedures. They.
shallhave the same force and effect as if they were incorpora-
ted in and included in the City Ordinances.
Sec. 2 Definitions. For the purpose of these regulations the follow-
ing terms, phrases, words and derivations shall have the mean-
ing
-
ing given herein unless the context i which they are used
clearly requires a different meaning.
2.1 Purchasing. Purchasing includes purchasing, renting,
leasing, or otherwise obtaining supplies or services.
2.2 Supplies. Supplies shall mean all supplies, materials
and equipment.
2.3 Services. Services shall m,all telephone, gasy,ywaterF
electrical and power service,, towel service, laundry and
cleaning service, insurance, leases or rentals of all
logrounds, buildings, offices, space or equipment required
by the City, orleased or rented by the -City do,others,
the repair or maintenance of equipment or real property
loaned by, or the responsibility of the City and shall in-
clude
-
clude all labor furnished to the City by persons, firms,
individuals or corporations not part of or connected with
the City government_ It shall also include such prnfes---
nal s architect en i eer and consultant
services. services
shall not include ass service, nclimes the,
repayment of principal or the payment ointerest charges
nor shall it include the lease or sale of City owned real
property to others for the purpose of fostering industrial
oe commercial development. '
Sec. 3
2.4 Negotiate or Negotiation. Negotiation, when applied to
the making Of purchases, means any method of purchasing
other than formal advertising.
2.5 Formal Advertising. Formal advertising and purchasing
by sealed bid are synonymous and mean purchasing by
competitive bids and awards involving the following basic
steps:
2.5.1 Preparation of the invitation for bids, describing
the requirements of the City clearly,accurately
and completely, but avoiding unnecessarily re-
strictive specifications or requirements which
might unduly limit the number of bidders. (The
term"invitation for bids" means the complete
assembly of related documents (whether attached
r incorporated by reference) furnished prospective
bidders for the purpose of bidding);
2.5.2 Publicizing the invitation for bids, through dis-
tribution to prospective bidders, posting in
public places, advertising in local news media,_
and such other means as may be appropriate at least
five calendar days prior to the time set for public
opening of sealed bids;
2.5.3 Submission of sealed bids by prospective contractors;
and
2.5.4Awarding the contract, after the bids are publicly
opened in the presence of an impartial witness, to
that responsible bidder whose bid, conforming to
the invitation for bids, will be most advantageous
to the City, price and other factors considered.
2.6 Bids. Bids or sealed bids mean responses to invitations
'for bids issued under formal advertising procedures.
2.7 Quotations, quotations, quotes and proposals are informal
reps res (w(written, telephonic, wire,
oral, etc.) to price
queries made during the course of a negotiated purchase.
2.8 Architect, Enqineer and Consultant Services. These services
are those RCofessional services -associated with research,
development, design and construction, alteration, or repair
of real proper tv, a well as incidental services that
members of these p[ofe ssions and those in their employ may
logically DC iustiEiably perform,
in
studies, investi-
gations, surveva, evaluations, consultations, Planning,,
l[i_OQCamming, conceptual designs, plans and specifications,
cost estimates, int ec tions/ snob aeawing [ ample
recommendations, preparation O£ Op2C8tlOn 8nd [m 1n [enanCe
_manuals, and other related services.
Functions and Policies. The following shall be the basic
functions 'and basic policies of this division:
3.1 Purchasing. It shall purchase all supplies and/or
-
services
for the City and for the several officers and
boards thereof, excepting the school department, which
may or may not, at its option, utilize the facilities
of the department.
3.1.1 Formal AdvertisinPurchase shall be made by
formal advertrs ng whenever such method is feasible
and practicable under existing conditions and cir-
cumstances.
.3.1.1.1 .Record of-Bids. The Purchasing Agent shall
Veep of all bids submitted and
such record shall be open to proper in-
spectionby any interested person.
3.1.1.2 Preferential Treatment. Local vendors
shall not be granted preferential treat-
ment except if all bids received are for
the same total amount or unit price, quality
and service being equal. In such instances,
their bids shall be preferred over those of
outside vendors. O
3.1.1.3 Tie Bids. If tie bids are not re solved by
preferential treatment for localvendors,
ties shall beresolved by the drawing of
lots witnessed by amember of the City Council
or the .tied bidders.,
3.1.1.4 Approval. No purchase of supplies or
servmea exceeding $2,000 shall be made
without the written approval of the Finance
Committee.
3.1.2 Negotiation. Notwithstanding the basic
policy expressed in Sec. 3.1.1, purchases
may be negotiated when one of the following
circumstances is present.
3.1.2.1 Small Purchases. When the total dollar
value of the purchase does not exceed $2,000.
3.1.2.2 Bmergencles. When the public exigency will
not permit the delay incident to advertising.
'In such emergencies the City Manager, acting
with the advice and approval of the Finance
Committee, may authorize immediate negotiated
purchases of supplies or services necessary
to protect the best interests of the city.
3.1.2.3 Formal Advertising Impractical. when the
purchase is of supplies or services for
which it is impracticable or impossible to
obtain competition.
3.1.2.3.1 Architect. Engineer and Con-
sultant Services. Because at
the specialized and professional
nature of these services the
are included in this cats or .
Their purchase shall be effected
n accordance with the procedures
set forth in Sec. 3.2.5 and all
subsections thereto.
3.1.2.4 Supplies Puhased £or Resale. When the
purchase is r3b£ supplies or property for re-
sale and ordinarily only for purchases of
articles with brand names or of a proprietary
nature which a selling activity believes or
finds to be desired or preferred by its
patrons. Under such conditions the Purchasing
Agent may, at his discretion, permit such
purchases to be effected in accordance with
the procedures set forth in Sec. 3.2.1 except
that he may increase the monetary limitation
therein expressed tono more than $2,000 with-
out the explicit approval of the Finance
Committee.
3.2 Negotiation Procedures and Policies. Negotiated procurements
shall be on a competitive basis to the maximum practical ex-
tent. Whenever supplies or services are procured by negotia-
tion, price quotations or other evidence of reasonable
onable prices
c
and other vital matters deemed necessary by the Purchasing
Agent shall be solicited from the maximum number of qualified
sources of supplies or services consistent with the nature of
and requirements for the supplies or services to be put -
chased, in accordance with the basic policies:. set forth below.
3.2.1 Decentralized Purchases. At the discretion of, and
sub3ect to the review and approval of the Purchasing
Agent, department heads or their authorized repre-
sentatives may effect purchases in amounts not to ex-
ceed $65.00. The Purchasing Agent shall issue
such
rules and regulations and prescribe such forms as he
deems
necessary to control such purchases. He may
also permit exceeding this monetary limitation, in
those Instances where pricpace, terms, conditions and
contractors have been predetermined by his establish-
ing open-end (estimated requirement type) contracts
or where prices are established by the State Public
Utility Commission (electricity, telephone services,
etc.).
3.2.2. Purchases - Not to Exceed $350. When the Purchasing
Agent considers prices to be Tair and reasonable and
the total amount of a purchase does not exceed $350,
procedures and documentation will be simplified to
the maximum degree possible. He shall establish such
rules of procedure for such purchase as he feels
necessary to insure against abuse of the public's
best interest.
3.2.3 Purchases - $350 to $2,000. Negotiated purchases
exceeding $350 but not exceeding $2,000 in total
cost will be supported by acord of price quo-
tations from three competitivesources or adequate
explanations justifying the absence of such com-
petition. Such quotations may be obtained in
citing, verbally, or by such other means as may
be. prescribed by the Purchasing Agent as appropriate
to the circumstances.
3.2.4 Purcha se0 Exceed in $2 000. Negotiated purchases
exceeding 2,000 i value, as permitted by Sections
3.1.2.2 through 3.1.2.4, must be approved by the
Finance Committee prior to award. Request for such
approval will be accompanied by a full statement of
facts justifying the recommendation for award.
3.2.5 Architect. Engineer and Consultant Services - Polio
and Procedures. It is the policy Of the City to
ublfcl announce all Le uiremena for sucservices
and to award contracte on t e bastis of demoh nstrated
competence and qualifications for the type of
pro-
ressionai services required, the technical merits
of offers and the price for which services are to
be rendered.
3.2.5.1 Fees. No Contracts shall be awarded wherein the
fee 1 9ta[ed a a pe[cen[ape OF [he pLOleCt C)St.
The pe efex red method of establishing a fee shall be
that of a firm fixed fee. other methods may, at the
dra ietion of the Purchasing Agent, be employed if
it is impossi le to arrive at a firm foxed fee.
3.2.5.2
3.2.5.3
3.2.5.2.1
3.2.5.4 mall nmior In those instances wherein the fee
does not exceed $4 000 the rocedurasoutlined in
Section 3.2.5.2 f e action) may, a e vsc e
ion
of the Purchasing Agent, be s mpiI lerTEy EFia u —
chasm A ant after cons�EFi -Ehm MEY
Mina er select[n and t e rue a equa ely
ualified IMFm [tn whom: ma nego a e o[ aal r
and x onable fee. cM. o v6 [easons
Eo[ selec tang the qua 1 led e12m beam e nego 1a on
roceedm s shall bei t e recoTi raev[swe >ty
the Finance CONmittea it tne contract exceeds
All records shall bemintained in the Purchasin
De artment for reviewI an in ter es [ed art foe
a period of five Years after the a fective date of
the contract.
3.2.5.5 Contract. Contracts utilizing the standard forms
p�m 1g�ted anV professi 1 organ iaak ion will
not be utrlazed unless t evh ate su Kably amended
to reflect the best interests and desires of the
City. The inal form of t o contract shall
Dyed b�thethe Ciac1[o[ prior to its being
y ti b h¢.Purchasing Aq¢non t0
the required insurance t e
n-Ncontract will also re uirei uOut.eot
iation"
provision, an affidavit ofnon-collusion and'a pro-
hibition against contingency fees
-3.3Requisition Purchases,-invol3dlg-the immediate onurmorance,.of,
city funda shall be made only on a written requisition submitted
by the bead of the requesting department, in such form as pre-
scribed by the Purchasing Agent. Requisitions involving the ex-
penditure of $650 or more shall bear the written approval of
the City Manager.
3.3.1 Revisory Power in Agent. The Purchasing Agent shall
examine each requisition and shall have the authority
to revise it as to quantity, quality or estimated cost;
but revision as to quality shall be only with the con-
currence of the using 'agency or, if agreement cannot be
reached, with the concurrence of the City Manager.
3.4 Appropriation Required. Nopurchaseof supplies or services not
provided for in the annual appropriation resolve shall be made
unless by specific order of the City Council. Signature of the
initiating department head and, when required, the City Manager,
tn the requisition shall be evidence to the Purchasing Agent
hat funds have been provided.
3.5 Sale of Pro arty. It shall conduct the sale of all municipal
whi
property ch may be unfit or for which the City has no
further use, on the written request of the responsible depart-
ment head.
3.5.1 Sale Procedure. The estimated dollar value of the sale
Will control the procedure to be utilized in essentially
the same manner as purchases; i.e., sales estimated not
to exceed $350 in value will follow procedures in Section
2.2; sales exceeding $350 but not exceeding $2,000 in
value will follow procedures in Section 3.2.3; sales
estimated to exceed $2,000 in value will be formally
advertised.
3.6 Unauthorized Purchases. Except as herein provided, or a may
be specifically authorized by the City Council or the Purchasing
Agent', it shall be unlawful for any City employee orofficial
to purchase any supplies or services other than through the
Purchasing Department and in accordance with these regulations.
3.7 Conflict of Interest. Me person authorized to act on behalf
of the Cuter into any agreement, contract, purchase
order, etc., with any individual, firm, corporation, organization,
etc., in which said person has a financial interest.
3.7.1 .Gift and Gratuities. The Purchasing Agent and every
off cerawe of the Cityare expressly prohibited
from accepting, directly or indirectly,from any person,
'firm, corporation or organization to which any purchase
orderorcontract is, or might be, awarded, any rebate,
gift or anything of value whatsoever, except where given
for the use or benefit of the City.
Sec. 4-SCOpe O£ PULchabing Agents Authority. Defining those powers and
duties outlined broadly in Chapter II, Article 20 Sec. 6 of the Re-
vised CityOrdinances; the Purchasing Agent shall purchase or contract
for all supplies and services needed by any using agency (with the
exception of the School Department) which derives its .support wholly
or n part from the City, in accordance with procedures prescribed by
these regulations and such additional lawful rules, notinconsistent
herewith, as the Agent shall adopt for the efficient internal manage-
ment anp,operatfRn of the Purchasing Division.
4.1 Exceptions Prohibited. The authority of the Purchasing Agent
to effect all purchases for all using agencies shall not be
abridgedby excepting any using agency (except the School De-
partment) unless the City Council, by Council Order, grants an
exception for a specific purchase.
4.1.1 Temporary Absences. During periods of temporary absence
the City Manage[ will perform the duties of the Pur-
chasing Agent.
4.2 Tax Exemptions. The Purchasing Agent will act to procure for
t e -City 'ty all Federal or State tax exemptions to whichthe City
is entitled.
4.3 Disqualification of Bidders. The Purchasing Agent will have
the authoa ty to disqualify bidders who default on their bids,
quotations, contracts or purchase orders from receiving further
awards from the City. Such decisions will be subject to the
right of the so disqualified bidder to. appeal _tothe_.dit�
Council'.Eor a reversal or reinstatement. "--
4.3.1 Reiec tion of Eida. The Purchasing Agent will have the
authority to [elect any and all bids received i -
sponse to invitations for bids when bids are deemed
non-responsive, token; collusive, or otherwise non -
acceptable and such action is in the best interest of
the City.
4.4 Cooperative Purchasing. The Purchasing Agent shall have
theauthority to join other units of government (Federal,
State, County, municipal and municipal subdivision, in-
cluding such quasi -municipal agencies as water Districts,
Sewer Districts, etc.) in cooperative purchasing plans
when the best interests of the City would be served thereby
and such action is in accordance with and pursuant to law.
4.5 Other Duties. The Purchasing Agent shall perform such other
duties related to the functions, duties and authorities set
forth herein, as may be prescribed by the city manager, the
Finance Director, or any applicable State or local laws and
ordinances.
Sec. 5 Reserved.
Sec. 6 Ordinance Repealed. All ordinances, orders and resolves and
parts of ordinances, orders and resolves inconsistent herewith
are hereby repealed, except insofar as they may relate to or
affect existing contracts and rights.
Note: Additions are Underlined.
Statement of Fact: The primary purpose of this Order is to amend the
My's Purchasing Regulations to provide a procedure for obtaining
architectural, engineering and consulting services. At the present
time no such procedure exists and there is strong reason to believe
that our actions in these a wherein the use of Federal funds are
and have been involved, do not meet Federal standards. Additionally,
this Order would exclude from the Purchasing Regulations the sale of
land and property for the purpose of industrial development and would
correct a_ typographical om ission contained in the section dealing with
decd aYized put these
1]3 AF
Introduced by Councilor Gass, March 27, 1978
_ CITY OF BANGOR
(TITLE.) Mr4rr--rtmeaa nc.wa:..city ot. Eamgpc.. puz9boAlms &egulattpna - ...........
Architectural, ,
By tiw CfOy Coaaeil of the City of Bandar.
ORDERED,
- MT the purchasing Regulations of the City of Ranfor be assailed
to reed as follows:
(1) That Section 2, subsection 2.3 be amended to read as follnue:
2.3 Services. Services shall lean all telephone, gas, water,
'electrical end powerservice, towel service,
laundry and cleaning service, insurance, See rentals
of all grounds, buildings, offices, space o equipment
required by the City,or leased or ented by the City to
others, the repair or maintenance of equipment or real
property wined by, or the responsibility of the City and
shall include all Labor furnished to the City by persons,
firms, individuals o corporations not part of o connected
with the city governmr
government. It shall also includespro-
fessional services as rchitect, engineer end consultant
74Trvlces. It shall not include debt service, either the
repayment of principal or the payment of interest charges
nor shall it include the lease or sale of City owned real
property to others for the purpose of fostering industrial
or rcial development.
(2) That Section 2 be amended by adding a new subsection 2.8 as follows:
2.8 Architect Engineer and Consultant Services. Mesa services
e those
Professional a associated with [ rch,rdevelopment,
design and conatructioalteration. or repair of real proper",
as well as incidental services that members Of [hese erofeeeions
and [hose in their employ any logically or tuatifiably pexfoxm,
include studies, investigations, sue evaluations, consultations, ionas.
plaprogressing,stics.
ie t l deal tean
nd cost estimates. inspections, shop drawmecci
on ,
preparation of o ration and maintenancemanuals, and other related
services.
173 AF
0R DEH
ttqq }q�� Title,
2��ls Refeerito Finaoae. AR dlm Yh9. Cjty. 9. pvI .RWCI1'i4m '.
Cwunvttee Consider fttoxe I
-
mmeettttrigYegulatarohitectaral engineering
........ _
/ and tmt services
City ca roil /.0 od aaled by
..: ...... ... .. .....
Com i men
Ili CITY CORNCII. FSNNANY 12.1979
AMDED,¢rZMTITDT ON AND FASSFD
/hrC
CITY CLEA
I
(3) That Section 3, subsection 3.1.23 be amended by the addition of
a new subsection to read as follows:
3.1.2.3.1 Architect. Engineer and Consultant Services. Because
of the
specialized and professional nature of these a vices.
they are included in .this category. Their Purchase
shall be effected in accordance with the procedures
set forth in Sec. 3.2.5 end all subsections thereto.
(4) That Section 3, subsection 3.2.1 be amended in the last sentence
as follows:
3.2.1 Decentralized Purchases. At the discretion of, and subject
to the review and approval of the -
Purchasing Agent, department heads or their authorized rep-
entatives may effect purchases in amounts not to exceed
$65.00. The Purchasing Agent shall issue such rules and
regulations and prescribe such forms as he Sears necessary to
ma
control such purchases. He y also permit exceeding
xeedingthis
onetary limitation, in those instances where price, terms,
conditions and contractors have been predetermined by his
establishing open-end (estimated requirement type) contracts
or where prices are established by the State Public Utility
Commission (electricity, telephone service, etc.).
(5) That Section 3 be amended with a new subsection 3.2.5 as follows:
3.2.5 Architect. Engineer and Consultant Services - Policy and
Procedures. It is the policy of the City to publicly announce
[
all requirements for such services and to ward
contracts on the basis of demonstrated competence aMgualifi-
cations for the type of professionalservices regulred, the
technical merits of offers and the Price for which services
e to be rendered.
3.2.5.1 Pees. No contracts shall be awarded wherein the
fee is stated as a percentage of the p ect
cost. The preferred method of establishing afee
shall be the of a film fixed fee. Oche[ methods
at the discretion of the Purchasing Agent. be
wploved if it i Bible [o arrLve at a li m
fixed fee.
3.3.5.2 `Selection. The Purchasing Agent shall encourage
firms engaged in the SevEul o actice of
their profession to submit annually a statement of
qualification and performance data. This data,
together with those that may be submitted by other
firma regarding a epe<Lfic p osed protect, shall be
valuated by a Co®ittee cmisting of the City Manager
(acting as Chairman). City Engineer, Chafzman of the
City Council. Head of the most concerned City Department,
and the Purchasing Anent, and shall conduct
discussions with preferxably no leas then three
firm regarding anticipated concepts aM the
relative utility of altermtivemethods of approach,
for furnishing the required srvice and then, shall
select therefrom preferrably no leas then three firms
deemed to be adequately qualified to provide the
services required.
..1 3.2.5.2.1
3.2.5.3
3.2.5.4 Small Prp ects. In those instances wherein the fee
does not exceed $4000.00 the procedures
outlined in Sections 3.2.5.2 and 3.2.5.3 (Selection and
Award) my. at the discretion of the Purchasing Agent, be
mplitied by the Purchasing Agent negotiating with not since
then three adequately qualified firms for a fair and reasonable
In such instances a record of all negotiations will be
maintained in his office. If the fee exceeds $2000.00, the
procurement mist be reviewed and approved by the Finance
comittee prior to award.
3.2.5.5 Contract. Contracts. utilizing the standard forms
prom Icated by why professional organization
will not be utilised unless they, are uitably amended
to reflect the best interests and desiresof the City.
Thefinalform Ofthe contract shall be a owed by Che
City Solicitor prior to its bean¢ slened by the
Purchasing "eat. In addition to the reouired insurance
and bonds (Sec. 3.2.5.2.1), the contract will also require
"Truth -In -Negotiation" provision. an affidavit of mon-
collision and a prohibition against contingents fees.
Statement of Fact: The primary purpose of this Order is to amend the City's
Purchasing Regulations to provide a procedure for obtainingarchitectural,
engineering and consultant services. At the present time no sudvprocedure
"late and there is strong re on to believe that nor actions in these areas,
wherein the n of Federal funds and have been volved, do not met Federal
standards. Additionally, this Order would exclude from the Purchasing Reguletfone
the sale of land and property for the purpose of industrial development and would
correct a typographical omission contained In the section dealing with decentralized
purchases.
Bangor, the center of Mane -the Getaway to Maine's North. Woo& and Seashore Resorts
am,mhix /7g A11
CNN a...
m(u of Pmlgar, ctiuF
Architects: 3/31/76
George Ormond Lloyd
Cooper Milliken
Sargent;NNWebeter�Cransbsw is, Foley
Eaton W. Tarbell Ino.
Webster- EbbeeomBaldwin-Day
Frenois J. Gels
Engineers: 4/3/78
Prentiss & Carlisle Co.
Brien Anne
James W. Sewall Co.
E. C. JOrLen CO. (c/o Sten Walkerr Bla)
RU LJMCm
CPM CLEEE AGK
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