§ 130.060. Formal Competitive Bidding., Chapter 130. Purchasing Code, Government Code, Code of Ordinances, Warson Woods

Except as otherwise provided in this Chapter 130, goods, supplies, materials, equipment and construction shall be procured only after obtaining two (2) or more competitive formal written bids when the value of the proposed procurement is in the excess of ten thousand dollars ($10,000.00) or when directed by the Board of Aldermen or when required by the laws of the State of Missouri. In the case of the purchase of goods, supplies, materials and equipment by the Police Department and the Parks Department, two (2) or more written bids shall be required when the value of the proposed procurement exceeds five thousand dollars ($5,000.00). The procurement of several items of the same type at substantially the same time is a single purchase for the purpose of this Chapter, and the total cost of all such items will determine whether formal competitive bidding procedures must be followed. No contract or purchase shall be subdivided to avoid competitive bidding procedures.

Bids for construction or repair of the City's streets shall be invited through notice to be published in at least one (1) local newspaper of general circulation in St. Louis County, not less than three (3) times, the publication to be at least two (2) weeks prior to the date specified for submission of bids. A public notice shall also be posted in a prominent and public place at City Hall. Such notice shall include: A general description of the item or items to be purchased; the conditions of such purchase; the place where specifications and bid forms may be secured; the time and place for submitting such bids; the time and place for acceptance of bids. Bidders shall be required to pay to the City a fee to cover the cost of printing the specifications and bid form. In the case of the purchase of other goods, supplies, materials and equipment, the Purchasing Agent shall solicit bids by mailing or delivering copies of the specifications and other bidding documents ("bidding documents") to persons known to be prospective vendors of such goods, supplies, materials and equipment.

Any and all bids for any contract or purchase may be rejected with or without reason and a provision to this effect shall be included in all requests for bids.

The Purchasing Agent may advertise for sealed bids:

For any item for which the appropriation has been made in the annual budget of the City, or

Upon resolution of a majority of the members of the Board of Aldermen.

All bids shall be sealed, shall be identified as bids on the envelope and shall be submitted within the time and at the place stated in the solicitation of bids. The time of receipt of each bid shall be entered by the receiving employee on the envelope containing such bid.

The Purchasing Agent shall open all bids as soon as practicable after the time to submit bids has expired and shall, prior to the next regular meeting of the Board of Aldermen after the bid time expires, prepare a written summary of all bids, including a review of the facts. All bids received shall be made available for inspection as a public record; and results of the bidding and awarding of contracts shall be posted in a prominent and public place at the City Hall, except that by order of the Board of Aldermen, a public opening could be required.

After presentation of the available data, the Board of Aldermen, at a regular or special meeting, shall award the contract to the best or lowest responsive, responsible timely bidder for the goods to be procured; provided however, the Board of Aldermen shall have the authority to reject any and all bids and to waive any informality in the bids received or take any such steps which it deems appropriate.

Subsequent to the award by the Board of Aldermen, the Purchasing Agent shall by purchase order or formal contract enter into an agreement with the bidder selected by the Board of Aldermen for procurement of the goods or services to be procured.

When deemed necessary by the Purchasing Agent, bid deposits may be required. Said deposits may be required to be in the form of a certified check or bid bond and may be for an amount of one thousand dollars ($1,000.00) or five percent (5%) of the amount of the bid, whichever is greater. When so required, all bids not accompanied by such deposit shall be rejected. Such bid deposit shall be returned to all bidders upon execution of a contract with, or issuance of a purchase order to, the successful bidder. A successful bidder shall forfeit his/her deposit if he/she fails to enter into a contract within twenty (20) days after the award.

The successful bidder may be required to post a performance bond whenever the same is deemed appropriate by the Purchasing Agent; provided however, such requirement is set forth in the bidding documents. Said performance may be in the form of a specified amount or a percentage of the value of the proposed purchase. The Purchasing Agent shall establish, in the bidding documents, such terms as may be deemed appropriate to protect the interest of the City of Warson Woods.

Any bidder who has failed or refused to fully carry out any prior contract shall not be deemed a responsible bidder.