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HomeMy WebLinkAbout06510ORDINANCE NO. 6510 AN ORDINANCE AMENDING TITLE I OF THE PUEBLO MUNICIPAL CODE BY ENACTING AND ADDING CHAPTER 10 THERETO RELATING TO CONTRACTS FOR CITY IMPROVEMENTS WHEREAS, it would be beneficial to the administration of contracts for city improvements and in the public interest to interpret and construe the meaning of certain terms and procedures contained in Section 7 -32 of the Charter of the City of Pueblo. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 Title I of the Pueblo Municipal Code is hereby amended by adding the following new Chapter 10. Contracts For City Improvements: CHAPTER 10 CONTRACTS FOR CITY IMPROVEMENTS Section 1 -10 -1. PuWose The purpose of this Chapter is to interpret and construe the meaning of the words "lowest and best bid" contained in Section 7 -32 of the Charter of the City of Pueblo and procedures relating to contracts for City improvements. Section 1 -10 -2. Definitions U For the purpose of this Chanter and Section 7 -32 of the Charter of the City of Pueblo the following words shall have the following meaning: W "City improvement" shall mean the process of building, altering, repairing, improving, installing or demolishing my public structure, building, bridge, sewer, street or any other public improvement and related facilities of any kind. For purposes of this Chanter " 1ublic" means and includes any structure, building, or other improvement in which the City has an ownership or possessory interest. "Lowest and best bid" shall mean the lowest responsive bid submitted by a responsible bidder in compliance with the invitation to bid meeting the standards, requirements and specifications contained in the invitation to bid. "Responsible bidder" shall mean a person who is qualified and financially able to timely perform the work or services described in the invitation to bid who is not disqualified under section 1- 10 - 4(cl. Section 1 -10 -3. Contracts Ca� All City improvements except those performed directly by a City department or in a special or local improvement district shall be contracted for as provided in this Chapter. Section 1 -10 -4. Formal Bidding Procedures U The Purchasing Agent shall, on the basis of specifications prepared by the Department of Public Works or prepared by an architect or engineer engaged by resolution of City Council for a specific City improvement and approved by the Director of Public Works the Director of the department concerned and the City Manager, advertise for and receive bids for any City_ improvement. The period from the date of advertisement for bids and receipt of bids shall be commensurate with the nature and complexity of the work and size of the Ci1y improvement and except in an emergency, shall not be less than fifteen (15� calendar days. All bids for City improvements shall be submitted in sealed form to the Purchasing Agent who shall publicly open the bids at the time specified in the advertisement or notice examine and tabulate the bids, 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 concerned. After examination and tabulation, the results shall be subject to inspection by competing bidders The Committee of Awards shall have the following alternatives: W Accept the lowest and best bid and recommend to the Council that it authorize the City improvement be performed; Q Reject all bids and order the Purchasing Agent to readvertise for bids; or W Abandon the project. If the basis for the recommendation is the lowest bid, the records shall show the computations assumption and other data upon which the recommendation was based. Lc) If the recommendation is for award of a contract to a person who did not submit the lowest bid based upon a finding that the lower bidders were not responsible, the records shall show a full documentation of the reasons for disqualifying the lower bidders, -2- which reasons may include, but are not limited to: Conviction of a criminal offense as an incident to obtaining or attempting to obtain a Public or private contract or subcontract or in the Performance of such contract or subcontract, Q Conviction under state or federal statutes of embezzlement, theft, forgery, bribed falsification or destruction of records, or receiving stolen property; W Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals; W Material failure to perform in accordance with the terms of one or more contracts following notice of such failure, or materially unsatisfactory performance of one or more contracts; W The person is currently under debarment by other governmental entity which is based upon a settlement agreement or a final administrative or judicial determination issued by a federal, state, or local governmental entity; The person is not qualified or financially able to timely Perform the work, or, The person is not or will not be duly licensed to perform the work on the date of contract award. U If the recommendation is for award of a contract to a person who did not submit the lowest bid based upon a finding that the lower bids were not responsive, the records shall show a full documentation of the following: The reasons the bids were not responsive; or The reasons the bids did not meet all of the standards, requirements and specifications contained in the invitation to bid. U Nothing contained in this Chapter shall prevent the Committee of Awards from rejecting all bids or from waiving all or my informalities or minor non - compliance with the standards requirements and specifications contained in the invitation to bid. (l Each bid, with the name of the bidder, shall be entered of record, and each record with the successful bid if any, shall be preserved for a period of five (5) years by the Purchasing Agent and open to Public inspection. -3- Section 1 -10 -5. Informal Bidding Procedures (ja The Purchasing Agent at the request of the Director of Public Works and with the approval of the City Manager may forego the formal bidding procedures set forth in this Chapter when a City improvement is necessary to address an emergency or for any City improvement which is estimated to amount to less than $10,000.00. For purposes of this section, an emergency is defined as an unforseen situation which if continued to exist would endanger the health or safety of the public or employees of the City and requires a remedy sooner than a contract for the City improvement would be completed if the normal bidding procedures were followed, or, an unforseen situation which would place an excessive financial burden on the City unless addressed in a shorter time than the bidding procedures require. U Contracts for City improvements in an emergency, or for any City improvement which is estimated to amount to less than $10,000.00, may be awarded by informal bidding procedures upon notice reasonably calculated to inform potential bidders in a manner that will achieve maximum competition among bidders and maximum economy to the Cif under the conditions then prevailing. However, no contract for Citv improvements shall be subdivided to avoid the formal bidding_ procedures or any other provision of this Chapter. Section 1 -10 -6. Award of Contract U Every contract for any City improvement shall be authorized by the City Council, except contracts for City Improvements in any emergency may be authorized in writing by the City Manager upon request of the Director of Public Works. Contract for City Improvements in an emergency authorized by the City Manager shall be presented to the City Council for ratification and approval at the next regular meeting of the City Council. City Council authorization and approval shall be by resolution unless such action is required to be by ordinance. No contract for any City improvement shall be awarded until the Director of Finance shall certify there is a balance of appropriation and available funds for the proposed expenditures. SECTION 2 If any provision of this Ordinance or Chapter 10 of Title I hereby enacted is determined to be invalid or unenforceable, such determination shall not affect the other provisions of this Ordinance and Chapter 10 of Title I which shall remain valid and enforceable. In SECTION 3 This Ordinance shall become effective upon final passage. ATTEST: City C k INTRODUCED: February 14, 2000 By Robert Schilli Councilperson APPR D: ;ll � lilt P esident of the City Council -5-