1995-12-12 Agenda
CITY OF RICHFIELD
CHARTER COMMISSION MEETING
TUESDAY. DECEMBER 12. 1995
7:30 P.M.
LOBBY CONFERENCE ROOM,#1
CITY HALL
6700 PORTLAND AVENUE
AGENDA
1. Roll Call
2. Approval of October 19, 1995 Minutes
3. Review of Section 6.05 of City Charter, Purchases and Contracts
(see attached)
4. Committee Report on Section 2.05 of City Charter, Council Vacancies
5. Other Business
6. Adjournment
J
6700 Portland Avenue • Richfield, Minnesota 55423-2599
City Manager Mayor Council
James D. Prosser Martin Kirsch Don Priebe Michael Sandahl
Susan Rosenberg .Russ Susag
November 30, 1995
Richard Starleaf
President, Charter Commission
6519 Nicollet Avenue
Richfield, MN 55423
Dear Mr. Starleaf:
Enclosed for your review is a copy of the Council Letter concerning the discussion of a
proposed amendment to the City Charter regarding the sealed competitive bidding
threshold for contracts.
The Council reviewed the proposed ordinance on November 27 and requested that it
be forwarded to the Charter Commission. The City Council has requested that the
Charter Commission review the proposed amendment and provide their
recommendation to the Council regarding the proposed amendment.
It would be helpful if the commission could provide their recommendation in mid-
January so the Council could conduct first reading at their January 22 meeting.
If you have any questions, please contact Steve Devich, Administrative Services
Director at 861-9702, or me at 861-9705.
Sincer I ,
r
Jams Prosser
City I~lay~ager
JDP:cak
Enclosure
Copy: Steven Devich, Administrative Services Director
Thomas Ferber, City Clerk
The Urban Hometown
Telephone (612) 861-9700 • Fax (612) 861-9749
An Equal Opportunity Employer
CITY OF RICHFIELD, MINNESOTA
City Council Letter No,
Agenda November 27, 1995
Issue Statement:
Consideration of an ordinance amendment to change the City Charter to reflect current
state law with respect to the contract Bid Law.
Background:
For several years the City Charter followed the State Statutes regarding the Contract
Bid Law. During that period of time, both the City Charter and the State Statutes
required that a formal sealed bidding process be used for all municipal contracts in
excess of $15,000.
The statutory sealed bidding threshold has been periodically increased to reflect
inflation. The City Charter has also been changed periodically to match increases in
the state law. However, the Charter provisions pertaining to the sealed bidding
threshold have not been amended since 1983 and have fallen far below the current
statutory threshold for competitive sealed bids. While the Charter still requires sealed
bidding at the $15,000 threshold, the statutory threshold was increased to $25,000 in
the early 1990s.
Deloitte & Touche, the City's auditors, and the City Attorney have recommended that
the sealed bidding threshold in the City Charter be amended to mirror current State
Statute threshold limits for sealed bidding.
The process necessary to amend the City Charter is more complex than affecting a
change in the City's Ordinance Code. In order to amend the Charter, the City Council
must first review a proposed ordinance to amend the Charter, then forward it to the
Charter Commission with a request that they make a recommendation on the matter.
The Charter Commission would then review the proposed ordinance and send it back to
the City Council with their recommendation. The City Council would then give the
ordinance first reading and set a public hearing and second reading of the proposed
ordinance. At the second reading, the proposed ordinance must pass by unanimous
vote of the City Council in order to accomplish the change in the City Charter.
In addition, the Charter also requires that the City Manager may make or let contracts
or sales for under $10,000 and may make contracts and/or sales for in excess of
$10,000 but less than $1.5,000 provided the City Manager first secures City Council
approval
Further complicating this issue is Resolution 6847 from December 1983 which states
that all purchases in excess of $5,000 but below $10,000 shall be made only after the
City Manager notifies the City Council on a City Council agenda. In practice, this
becomes another level of approval as a consent calendar item.
At the November 6, 1995 City Council 'Study Session the City Council discussed this
issue and requested that staff prepare the following for a future regular City Council
meeting:
1. A proposed charter amendment which would adopt Minnesota Statutes, Section
471.345, Subd. 3 by reference. Th s statute provision sets forth the Uniform
Municipal Contracting Law.
2. Prepare a draft resolution stating
provided to the City Council in a i
Council meetings.
all purchases made in excess of $10,000 be
~randum or report format at the time of
The Charter amendment and resol
to that request.
now under review by the City Council respond
The affect of the Charter amendment, as proposed, would establish the State Statute
as a basis for making contract purchases and remove the Charter requirement for pre-
approval authority of the City Council for amounts between $10,000 and $15,000.
However, the City Council could establish any pre-approval process or dollar threshold
desired through a resolution relating to purchasing practices:
The draft resolution, included for disc
approval authority, but would instead
purchases between $10,000 and $25
until after the Charter amendment iss
ssion purposes only, would not reinstate pre-
~stablish a formal notification process for
X00. No action on the resolution is recommended
has been concluded.
Recommended Motion:
Review the attached proposed ordin
the City Charter and related resoluti~
Charter Commission for review and
ice regarding competitive bidding amendment of
and refer the Charter amendment to the City
for recommendation.
Basis of Recommendation: ~
1. The State Statutes were amended a few years ago to increase the threshold for
sealed competitive bidding of cont acts from $15,000 to $25,000. Prior to that
increase the City Charter had mirr~red the State Statutes with respect to the sealed
bidding threshold. i
2. Both the City Attorney and the City's Auditor's, Delloitte & Touche, have
recommended that the City chang~ the current City Charter provision to increase the
competitive sealed bidding threshold from $15,000 to $25,000 to match the statute.
3. Preparing specifications and biddi
process. Contracts under $25,OOi
process of obtaining competitive c
$15,000.
~ contracts is a time consuming and costly
would be more efficiently handled through a
rotation as is now the case for City projects under
4. For ease of administration and clarity,, it is desirable to have a competitive sealed
bidding threshold which is equal to that of the State Statute.. To that end, both the
current Charter provision and related resolution should be .reviewed.
Alternative. Recommendation:
1. The City Council may decide not to further consider this proposed change to the City
Charter.
2. The City Council may decide to consider increasing the sealed bidding threshold to
an amount different than the one suggested in the proposed ordinance.
Discussion/Decision Mode:
Discussion of this item is suggested. at the City Council Meeting of November 27. The
process to change the City Charter would require several months to complete. It would
be desirable to implement the new threshold as soon as possible if the City Council
approves such. a change.
Respectfully submitted,
James D. Prosser
City Manager
JDP:cak
~-~
ORDINANCE NO.
.
AN ORDINANCE RELATING TO CITY GOVERNMENT.:
AMENDING CHAPTER 6 OF THE RICHFIELD CITY CHARTER-
THE CITY OF RICHFIELD ORDAINS:
Section 1. Background : findings ; authority .
1.01. The City of Richfield (City) is governed by a home rule charter adopted
pursuant to the Constitution of the State of. Minnesota and Minnesota Statutes,
Chapter 410 (Aet) .
1.01. The Charter Commission of the City has proposed the adoption of an
amendment (Amendment) to Chapter 6 of the charter and recommended to the City
Council that the' Amendment be adopted by City Council ordinance in the manner
prescribed by Section 410.12, Subdivision 7, of the Act. The form of the Amendment
is set out in Section 2.02.
1.03. A public hearing on the Amendment was held on
199_ by the City Council after two weeks' published notice containing the text of the
Amendment as required by the Act.. The notice contained a brief description of the
nature and scope of the Amendment. All persons desiring to be heard with reference
to the Amendment were heard at the public hearing.
1.04. The Council finds and determines that it is in the best interests of the
City and its inhabitants that the Amendment be adopted.
Sec. 2. Adoption: effective date; filing.
2.01. The Amendment as proposed by the Commission is adopted .
2.02. The text of the proposed amendment is as follows:
Chapter 6 of the City Charter is amended`in the following
respects
1) by amending Section 6.05 to read:
Section 6.05. Purchase and Contracts .
„~ +~.~ ~;+.r r~ , .,;~ Every contract for the sale or purchase of merchandise,
materials or equipment, or the alteration thereof, or for the construction,
alteration, repair or maintenance of real or personal property, where the
amount involved is more than the dollar amount contained in Minnesota
DJK83191
CR225-5
$-5
Statutes, Section 471.345
The Council may, however,
of the Charter, and other a
resolution adopt further
contracts. "" +''^„ ^ r+~.'
2) By repealing
bd. 3. shall be let only by the City Council upon
itv Manager to the lowest responsible bidder3
rej ct any and'all bids. Subject to the provisions
liable law, the Council may by ordinance or b
re~tzlations for making of bids and letting of
6.06 thereof in its entirety.
2.03. This ordinance is effective 199_. If, by
199 ~ petition requesting a referendum on this
ordinance, signed by the number of registered voters of the City required by the
Act, is filed with the City Clerk, this ordinance will not be effective until approved
by 51% of the voters voting on the question of its adoption at a special election called
by the Council for that purpose.
2.04. On the effective date of the Amendment, the City Clerk is authorized
and directed to file copies of the Amendment with the Secretary of State of the State
of Minnesota, the Hennepin County Recorder, and the City Clerk's office together
with the certificate required by Section 410.11 of the. Act.
Mayor
ATTEST:
Jerk
1
DJR83191
CR225-5
~-~
NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT
TO RICHFIELD CITY CHARTER
NOTICE IS HEREBY GIVEN that the City Council of the City of Richfield,
Minnesota will conduct a public hearing on
199
at P.M. , or as soon thereafter as the matter can be heard, in the Council
Chambers in City Hall, 6700 Portland Avenue South, in the City, to consider oral and
written testimony concerning a proposed amendment to Chapter 6 of the Home Rule
Charter of the City. In general terms, the .proposed amendment provides that
competitive bids must be taken for contracts exceeding an amount provided for in
state law which is currently $25,000. The amendment also eliminates duplicate
language by repeating charier section 6.06.
It is recommended by the Charter Commission that the amendment be adopted
by ordinance of the City Council in the manner prescribed by Minnesota Statutes,
Section 410.12, Subdivision 7. Under that procedure, designed to facilitate routine
charter amendments, the City Council must, if the Council approves the amendment,
adopt the amendment by ordinance after the public hearing by a unanimous vote of
all of its members . The adopting ordinance is effective 90 days after its passage and
publication, but if within 60 days thereof a petition signed by a number of registered
voters equal to two percent of the votes cast in the City at the last state general
election,. or 2,000 registered voters, whichever is less, is filed with the City Clerk,
the ordinance is not effective until approved by 51 a of votes cast on the amendment
at the regular municipal election or a special election called for that purpose .
The proposed amendment would amend Chapter 6 of the Charter by amending:
Section 6.05 to read
tracts . T~ r •+ rrt.,,,., M^ ., .,,r^
.,.5.,~ .,.~ _.,_ __- - - - - o -
~ +w^ r;+-- ~^_•~^;~ Every contract for the sale or purchase of merchandise,
materials or equipment, or the alteration thereof, or for the construction,
alteration, repair or maintenance of real or personal property, where the
amount involved is more than $x$88 the dollar amount .contained in Minnesota
Statutes, Section 471.345, Subd. 3. shall be let only by the City Council upon
the recommendation of the City Manager to the lowest responsible bidder
~~~at~~e~' a~a-~a ~ ~• '
The Council may, however, reject any and all bids. Subject to the provisions
of the Charter, and other applicable law, the Council may by ordinance or b
DJR83191
CR225-5
9pcr~~~6r-€A3~ ~~e
,_~
$'~
resolution adopt further
contracts. "" ^''`'^" ^ ^+~
tions for making of bids and letting of
And by repealing Section 6.061 in its entirety.
Anyone wishing to express an opinion about the proposed amendment orally or in
writing will be heard at the public haring.
Dated:
~~ 1~9_
BY ORDER OF THE CITY COUNCIL
/s/
City Clerk
r 1
DJR83191
CR225-5
(~
c ::.~~
. ~:
471.345 MUNICIPAL RIGHTS, POWERS, DUTIES
~.,
1180
` 471.30
' [Repealed, 1965 c 670 s 14]
~ ' ' - 471.31
~ [Repealed, 1965 c 670 s 14] -
1471.32 [Repealed, 1965 c 670 s 14]
a;
~ '' 471.323 [Repealed, 1965 c 670 s 14) f
' ~ ~ 471.33 [Repealed, 1965 c 670 s 14]
471.34 [Repealed, 1959 c 261 s 4] '
471.345 UNIFORM MUNICIPAL CONTRACTING LAW. '
Subdivision 1. Municipality defined. For purposes of this section, "municipality^
means a county, town, city, school district or other municipal corporation or political
subdivision of the state authorized by law to enter into contracts.
Subd. 2. Contract defined. A "contract" means an agreement entered into by a
municipality for the sale or purchase of supplies, materials, equipment or the rental
thereof, or the construction, alteration, repair or maintenance of real or personal prop.
erty.
Subd. 3. Contracts .over $25,000. If the amount of the contract is estimated to
exceed $25,000, sealed bids shall be solicited by public notice in the manner and subject
to the requirements of the law governing contracts by the particular municipality or
class thereof provided that with regard to repairs and maintenance of ditches, bids shall
not be required if the estimated amount of the contract does not exceed the amount
specified in section 103E.705, subdivisions 5, 6, and 7.
Subd. 4. Contracts from $10,000 to $25,000. If the amount of the contract is esti-
mated to exceed $10,000 but not to exceed $25,000, the contract may be made either
upon sealed bids or by direct negotiation, by obtaining two or more quotations for the
purchase or sale when possible, and without advertising for bids or otherwise comply-
ingwith the requirements of competitive bidding. All quotations obtained shall be kept
on file for a period of at least one year after receipt thereof.
Subd. 5. Contracts less than $10,000. If the amount of the contract is estimated
to be $10,000 or less, the contract may be made either upon quotation or in the open
market, in the discretion of the governing body. If the contract is made upon quotation
it shall be based, so far as practicable, on at least two quotations which shall be kept
on file for a period of at least one year after-their receipt.
Subd. Sa. County or town rental contracts. If thg amount of a county or town con-
tract for the rental of equipment is estimated to be $60,000 or less, the contract may,
in the discretion of the county or town board, be made by direct negotiation by obtain.
ing two or more quotations for the rental when possible and without advertising for
bids or otherwise complying with the requirements of competitive bidding. All quota-
tions shall be kept on file for a period of at least one year after their receipt.
Subd. 6. Applicability of other laws. The purpose of this section is to establish for
all municipalities, uniform dollar limitations upon contracts which shall or may be
entered into on the basis of competitive bids, quotations or purchase or sale in the open
market. To the extent inconsistent with this purpose, all laws governing contracts by
a particular municipality or class thereof are superseded. In all other respects such laws
shall continue applicable.
Subd. 7. Minimum labor standards. Nothing in this section shall be construed to
prohibit any municipality from adopting rules, regulations, or ordinances which estab-
lish the prevailing wage rate as defined in section 177.42, as a minimum standard for
wages and which establish the hours and working conditions prevailing for the largest
number of workers engaged in the same class of labor within the area as a minimum
standard for a contractor's employees which must be agreed to by any contractor before
the contractor may be awarded any contract for the furnishing of any labor, material,
supplies, or service.
Subd. 8. Procurement from economically disadvantaged persons. For purposes of
this subdivision, the following terms shall have the meanings herein ascribed to them:
i
i
~,
-:
1181 MUNICIPAL RIGI3'TS, POWERS, DUTIES 471
.345
(a) "Small targeted group business" means businesses designated under section
- 16B.19.
(b) "Business entity" means an entity organized for profit, including an individual,
partnership, corporation, joint venture, association, or cooperative.
Nothing in this sec ron shall be construed to prohibit any municipality from adopt-
ing aresolution, rule, regulation, or ordinance which on an annual basis designates and
sets aside for awarding Ito small targeted group businesses a percentage of the value of
its anticipated total procurement of goods and services, including construction, and
which uses either a negotiated price or bid contract procedure in the awarding of a pro-
' curement contract undelr a set-aside program as allowed in this subdivision, provided
-1 .that any award based o~ a negotiated price shall not exceed by more than five percent
the municipality's estimated price for the goods and services if they were purchased on
a the open market and not under the set-aside program.
it Subd. 9. [Repealed,) 1990 c 549 s 3)
'- Subd. 10. Hospital shazed service purchasing. Supplies, materials, or equipment
to be used in the operation of a hospital licensed under seciions 144.50 to 144.56 that
o are purchased or leased under a shared service purchasing arrangement whereby more
~t than one hospital purchases supplies, materials, or equipment with one or more other
~r hospitals either through one of the hospitals or through another entity, may be pur-
;11 chased without regard to the competitive bidding requirements of this section, if the
-1t following conditions are met:
(1) the hospital's g
I-
er
he
iy-
;pt
ed
yen
on
°pt
~n-
ay,
in-
for
~ta-
for
be
pen
s by
aws
d to
:tab-
j for
:gest
num
;fore
Trial,
es of
hem:
(2) the shared servi
than one source on the 1
and
(3) the arrangement
tives to review the purch
ments.
Subd. 11. Fuel cont
amount of the contract,
of fuel required for the g
erned by subdivision 4.
Subd. 12. 1'rocurem
hibits a municipality frog
an annual basis designai
described in section 268
ment of goods and servic
price or bid contract prop
aside program as allowed
tiated price shall not exc
price for the goods and
under the set-aside progr
Subd. 13. Energy e$
vision.
(a) "Energy conserve
designed to reduce energ
(1) insulation of the
(2) storm windows a
and doors, heat absorbin
terns, additional glazing,
modifications that reduce
(3) automatic ener;
(4) heating, ventila
(5) replacement or
authority authorizes the arrangement;
purchasing program purchases items available from more
s of competitive bids or competitive quotations of prices;
>rizes the hospital's governing authority or its representa-
procedures to determine compliance with these require-
for generation of municipal power. Notwithstanding the
contract entered into by a municipality for the purchase
3tion of power from municipal power plants shall be gov-
it from rehabilitation facilities. Nothing in this section pro-
adopting aresolution, rule, regulation, or ordinance that on
> and sets aside for awarding to rehabilitation facilities as
36 a percentage of the value of its anticipated total procure-
, including construction, 8nd which uses either a negotiated
Sure in the awarding of a procurement contract under aset-
this subdivision, provided that any award based on a nego-
~d by more than five percent the municipality's estimated
rvices if they were purchased on the open market and not
projects. The following definitions apply to this subdi-
:ion measure" means a training program or facility alteration
consumption or operating costs and includes:
wilding structure and systems within the building;
~.d doors, caulking or weatherstripping, multiglazed windows
or heat reflective glazed and coated window and door. sys-
eductions in glass area, and other window and door system
energy consumption;
control systems;
g, or air conditioning system modifications or replacements;
odifications of lighting fixtures to increase the energy effi-
~ -io ~
471.345 MiJNICIPAL RIGHTS, POWERS, DITTIES 1182 i
ciency of the lighting system without increasing the overall illumination of a facility, f
unless an increase in illumination is;necessary to conform to the applicable state or local
building code for the lighting system after the proposed modifications are made;
(6) energy recovery systems;
(7) cogeneration systems that produce steam or forms of energy such as heat, as
well as electricity, for use primarily within a building or complex of buildings;
(8) energy conservation measures that provide long-term operating cost reduc-
tions.
(b) "Guaranteed energy savings contract" means a contract for the evaluation and
recommendations ofenergy conservation measures, and for one or more energy conser-
vation measures. The contract must provide that all payments, except obligations on
termination of the contract before its expiration, are to be made over time, but not to
exceed ten years from the date of final installation, and the savings are guaranteed to
the extent necessary to make payments for the systems..
(c) "Qualified provider" means a person or business experienced in the design,
implementation, and installation of energy conservation measures. A qualified pro-
vider to whom the contract is awarded shall give a sufficient bond to the municipality ~
for its faithful performance. ~
Notwithstanding any law to the contrary, a municipality may enter into a guaran-
teed energy savings contract with a qualified provider to significantly reduce energy or ~
operating costs.
Before entering into a contract under this subdivision, the municipality shall pro-
vide published notice of the meeting in which it proposes to award the contract, the
names of the parties to the proposed contract, and the contract's purpose.
Before installation of equipment, modification, or remodeling, the qualified pro-
. vider shall first issue a report, summarizing estimates of all costs of installations, modi-
fications, or remodeling, including costs of design, engineering, installation,
maintenance, repairs, or debt service, and estimates of the amounts by which energy
or operating costs will be reduced.
A guaranteed energy savings contract that includes a written guarantee that savings j
will meet or exceed the cost of energy conservation measures is not subject to competi- i
tive bidding requirements of section 471.345 or other law or city charter. The contract
is not subject to section 123.37.
A municipality may enter into a guaranteed energy savings contract with a quali-
fled provider if, after review of the report, it finds that the amount it would. spend on
the energy conservation measures recommended in the report is not likely to exceed •
the amount to be saved in energy and operation costs over ten years from the date of
installation if the recommendations in the report were folloy+ed, and the qualified pro-
vider provides a written guarantee that the energy ar operating cost savings•will meet
or exceed the costs of the system. The guaranteed energy savings contract may provide
for payments over a period of time, not to exceed ten years.
A municipality may enter into an installment payment contract for the purchase
and installation of energy conservation measures. The contract must provide for pay-
ments of not less than one-tenth of the price to be paid within two years from the date
of the first operation, and the remaining costs to be paid monthly, not to exceed aten-
year term from the date of the first operation.
Guaranteed energy savings contracts may extend beyond-the fiscal year in which
they become effective. The municipality shall include in its annual appropriations mea-
sure for each later fiscal year any amounts payable under guaranteed energy savings
.contracts during the year. Failure of a municipality to make such an appropriation does
not affect the validity of the guaranteed energy savings contract or the municipality's
obligations under the contracts.
Subd. 14. Damage awards. In any action brought challenging the validity of a
municipal contract under this section, the court shall not award, as any part of its judg-
ment, damages, or attorney's fees, but may award an unsuccessful bidder the costs of
preparing an unsuccessful bid.
History: 1969 c 934 s 1; 1973 c 123 art 5 s 7,• 1973 c 226 s 1,2; 1974 c SIO s 1; 1977
_.
~~I ~ 1183
c 182 s 1-3; 1980 c 462 s 4; 1
s 129; 1Sp1985 c 13 s 347,• 1
2s268; 1989c9s3; 1989c.
c 549 s 1; 1992 c 380 s 4-6
471.346 PUBLICLY OWI`
All motor vehicles owne
town, school district, metro
except for unmarked vehicle
tions, shall have the name o
of the vehicle in letters not le
tification must be in a color
which it is placed and must
of which the vehicle is owne
must not be on a removable
placard must not be remove
lease.
History: 1994 c 635 art
MtJNICIPAL RIGIi'IS, POWERS, DUTIES 471371
'83 c 42 s 1-3; 1983 c 301 s 211; 1984 c 413 s 1; 1985 c 172
'86 c 350 s 1,2; 1986 c 444; .1988 c 409 s 1; 1988 c 689 art
52 s 19,25; 1990 c 391 art 8 s Sl; i990 c 541 s 26,29; 1990
AND LEASED VEHICLES IDENTIFIED.
or leased by a statutory or home rule charter city, county,
~litan or regional agency, or other political subdivision,
used in general police and fire work and arson investiga-
the political subdivision plainly displayed on both sides
s than 2-1 /2 inches high and one-half inch wide. The iden-
hat contrasts with the color of the part of the vehicle on
;main on and be clean and visible throughout the period
or leased by the political subdivision. The identification
late or placard except on leased vehicles but the plate or
from a leased vehicle at any time during the term of the
s 29
471.35 SPECIFICATIONS OF SUPPLIES OR EQUIPMENT.
When any county, city, 'town, or school district calls for bids for the purchase of
supplies or equipment; specifications shall not be so prepared as to exclude all but one
type or kind but shall include competitive supplies and equipment.
History: (1933-77) 1937 c 416 s 2; 1959 c 261 s 1; 1973 c -123 art S s 7; 1975 c 157
sl ~
471.36 NONCOMPETITIVE SUPPLIES AND EQUIPMENT.
The provisions of secti ns 471.35 to 471.37 shall not apply to noncompetitive
types and kinds of supplies ~nd equipment.
History: (1933-78) 1937 F 416 s 3; 1959 c 261 s 2
471.37 VIOLATIONS.
The violation of any oft a provisions of sections 471.35 to 471.36 shall be a gross
misdemeanor.
History: (1933-79) 1937 ~ 416 s 4; 1959 c 261 s 3
471.371 CONTRACTS FO.
Subdivision 1. [Repealer
Subd. 2. Authorization a
visions of any law or charte
enter into a contract for the
ment facilities may advertise
under a single contract. Prio.
cause to be prepared docume
and any contract to be enter
sional engineer in sufficient d~
tions, design capacity, ef~luer.
wastewater treatment facilit~
work, equipment and materi
formance standards for the c
of the facility which must bE
final acceptance of the facility
der to furnish estimates of th
conceptual plans and specifi
contract award.
~ CONSTRUCTION OF TREATMENT WORKS.
i,, 1991 c 212' s 4]
'design and construct contracts. Notwithstanding the pro-
to the contrary, any municipality authorized by law to
iesign and/or construction of water or wastewater treat-
for sealed bids for the design and construction thereof
to such advertisement the municipality shall prepare or
lts which shall serve as a basis for the comparison of bids
:d into. These documents shall be prepared by a profes-
tail, including hydraulic flow and organic loading calcula-
t limits, design life, and the treatment alternatives for the
for the bidder to describe the probable cost, scope of
~ls of construction; and the documents shall include per-
~nstruction and performance standards for the operation
met for specified conditions and time periods, prior to
by the municipality. The documents shall require the bid-
: annual operation and maintenance costs of the facility,
rations and any other information deemed relevant for