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HomeMy WebLinkAbout09025ORDINANCE NO. 9025 AN ORDINANCE SUBMITTING TO THE ELIGIBLE ELECTORS OF THE CITY OF PUEBLO, COLORADO AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2016, PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF PUEBLO AUTHORIZING THE DESIGN-BUILD PROCUREMENT PROCESS WITH RESPECT TO CONTRACTS FOR CITY IMPROVEMENTS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. There is hereby submitted to a vote of the registered electors of the City of Pueblo at the special municipal election to be held on November 8, 2016 amendments to Section 7-29 and 7-32 of the Charter of the City of Pueblo and the addition of a new Section 7-33 to the Charter of the City of Pueblo, to read as follows: Section 7-29. - Competitive Bidding Before the Purchasing Agent makes any purchase of supplies, materials or equipment, he shall give ample opportunity for competitive bidding, with such exceptions as the Council may prescribe by ordinance, provided, that the Council shall not exempt any individual contracts, purchases or sales from the requirement of competitive bidding, except as provided in Section 2-11. The lowest and best bid shall be accepted, or all bids be rejected. If the lowest bid is not accepted as being the best, it must be approved by the Committee of Awards (see Section 7- 32) and the reasons therefor stated and filed with the bids. Provisions in this nor contracts for city Section shall not apply to professional or technical services improvements under Section 7-33. Section 7-32. - Contracts for City Improvement Any city improvements except those performed directly by a city department or in or those authorized under Section 7-33 special or local improvement districts shall be contracted for as follows: The Purchasing Agent shall, on the basis of specifications prepared by the Department of Public Works and approved by the Director of the department concerned and the City Manager, advertise for and receive bids for any public work or improvement and shall open and tabulate same and present the results to a Committee of Awards consisting of the City Manager, the Director of Public Works and the Head of the department, division or agency concerned. The Committee of Awards shall have the following alternatives: a. Accept the lowest and best bid and recommend to the Council that it authorize the work or improvement to be performed. (See Section 7-29); b. Reject all bids and order the Purchasing Agent to readvertise for bids; c. Abandon the project. Section 7-33. - Use of Design-Build Procurement for City Improvements Notwithstanding any provision of this Charter or City ordinances to the contrary, Council may authorize by ordinance the use of design-build procurement with respect to city improvements. For the purpose of this Section, “design-build procurement” means a procurement process in which both the design and construction of the project are procured from a single entity based upon the best value of a proposal rather than the lowest bid. SECTION 2. The ballot title (submission clause and title) for the proposed Charter amendments set forth in Section 1 hereof is hereby fixed and adopted as follows: QUESTION 2D - CHARTER AMENDMENT (design-build procurement process for city improvements) SHALL THE CHARTER OF THE CITY BE AMENDED TO AUTHORIZE THE DESIGN BUILD PROCUREMENT PROCESS FOR CITY IMPROVEMENTS WHEREIN THE DESIGN AND CONSTRUCTION OF CITY IMPROVEMENTS IS PROCURED FROM A SINGLE ENTITY BASED UPON BEST VALUE RATHER THAN THE LOWEST BID ______ YES ______ NO SECTION 3. The officials of the City are directed and authorized to take all actions necessary, appropriate or required to effectuate the provisions of this Ordinance. The City Clerk is directed to publish notice of election upon the Charter amendment in conformity with the provision of Sections 1-7.5-107(2.5)(a) and 31-2-210(4), C.R.S. SECTION 4. This Ordinance shall become effective immediately upon final passage and approval; provided, however, the Charter amendments set forth in Section 1 of this Ordinance shall become effective only upon the affirmative vote of a majority of the registered electors voting thereon at the special municipal election to be held on November 8, 2016. INTRODUCED: August 8, 2016 BY: . : 0 APPROVE dr° PRESIDENT OF CIT -• NCIL ATTESTED BY: CITY CLERK PASSED AND APPROVED: August 22, 2016 SPECIAL MUNICIPAL ELECTION November 8, 2016 PASS BY VOTE OF THE PEOPLE YES 27,930 NO 18,392 City Clerk’s Office Item # R-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: August 8, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Earl Wilkinson, Director of Public Works SUBJECT: AN ORDINANCE SUBMITTING TO THE ELIGIBLE ELECTORS OF THE CITY OF PUEBLO, COLORADO AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2016, PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF PUEBLO AUTHORIZING THE DESIGN-BUILD PROCUREMENT PROCESS WITH RESPECT TO CONTRACTS FOR CITY IMPROVEMENTS SUMMARY: This Ordinance would allow the City to use the design-build procurement process with respect to contacts for public improvement projects. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The current procurement process that is established by the City Charter does not allow for design- build contracts option. If this change to the Charter is approved by the voters, the City will have another viable tool in our contract procurement process for public improvement projects that could potentially save time and money. This approach will allow the City to select a design-build team consisting of a contractor and engineer/architect to develop plans and construct the public improvement project through only one procurement process instead of two. When applied to the proper project, this process can save time and money. FINANCIAL IMPLICATIONS: This additional procurement option may allow the City to reduce time and costs on some City improvement projects. BOARD/COMMISSION RECOMMENDATION: N/A STAKEHOLDER PROCESS: N/A ALTERNATIVES: Denial of this Ordinance will result in not allowing the voters to amend the City Charter to allow for the design-build procurement process.