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HomeMy WebLinkAboutordinance.council.027-74RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. -~ ? (Series of 1974) // AN ORDINANCE ESTABLISHING PROCEDU~S FOR LETTI_~G OF CITY CONTRACTS IN EXCESS OF $500/0~; CREA~G SIMPLIFIED PROCEDURES FOR THOSE PROVIDED OPPORTUNITY FOR PROTEST ~S ~IV~N; LISTING EXCEPTIONS TO COMPETITIW BIDDIN~/~RE~S~ .... ~ROHIBITING ~ S~ O~ ~C7/ ~O ~V?~_~_ co~s~u~s o~ ~.~ oRD~ANos, ~xc~ ~ss~o~ co~c~s, ~ow~~s ~/s~ o~ o~so~ ~R~8, Che City Council w~shes to formalize the roqui~eme~ts for and proceduros of contract ~idflin~ so as to mako clear to administrators when projocts or acquSsit~ons shall be preceded by formal competitive bidding and when they will be exempt from the same, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. Formal Contract and Bid Procedure Every purchase or contract involving an expendi- ture of more than Ten Thousand ($10,000.00) Dollars shall be awarded by the City Council to the lowest responsible bidder following notice as required in the following subsections: a. Notice Requirement Notice shall be published once in a newspaper of general circulation in the City of Aspen by at least one insertion which shall be at least fifteen (15) days prior to the time designated for opening bids. The notice shall include a general description of the article or service desired; shall state the RECORD OF PROCEEDINGS 100 Leaves time, date and place of bid opening and shall designate where bidding documents may be obtained. b. Bidder's List Such notice shall also be sent on or before the deadline for newspaper publication to those persons and firms listed in the City's latest bidder's list, if any, providing the service, commodity or article desired by the City c. Bidder's Security All bids must be sealed and accompanied by security, either cash, cashier's check, certified check or surety bond, in a sum equal to ten per cent (10%) of the total aggregate bid. The successful bidder shall forfeit his bid security upon such bidder's failure or refusal to execute the contract within the time designated in the bid docu- ments. The City Council may, in such event, award the contract to the next lowest responsible bidder. d. Other Bond Requirements A faithful performance bond, labor and material bond and other bonds may be required by the City Council in an amount reasonably necessary to protect the City's interest in obtaining the services or work involved. e. Bid Opening Procedure All bids shall be submitted to the City Clerk who shall safeguard them in a sealed condition -2- RECORD OF PROCEEDINGS 100 Leaves fe until the time noticed for public bid opening. At the time and place stated in the public notice, the City Clerk, or designee, together with the city Manager, or designee, shall publicly open all bids. A tabulation of all bids received shall be available for public inspection in the City Manager's office for a period not less than thirty (30) calendar days after the bid opening. Compilation of Bids and Recommendations Following the opening of bids, the City Manager shall compile all of the bids and submit them to the City Council with a recommendation as to which bid he considers best, taking into consideration the recommenda- tion of the department head involved, the amount of money bid, compliance with speci- fications and responsibility of bidder. Award or Alternative Procedure The City Council may make an award of con- tract to the lowest responsible bidder or in the alternative either reject all bids and readvertise or authorize the City itself to perform the work or directly acquire the items desired in accordance with the immediately following provisions: (1) After bids are rejected, the City Council may by motion order the work done by City personnel and equipment or authorize the purchase of the material, equipment or services involved on the open market -3- RECORD OF PROCEEDINGS 100 Leaves without complying with the requirements of this ordinance. (2) Provided that, before so acting, the City Council receive competent information or data that the City itself is more capable of completing the project in- volved in a more satisfactory or economi- cal manner or that the materials, equip- ment or service may be purchased more economically on the open market. h. Tie Bids If two or more bids are received which are in all respects equal, the contract shall be awarded to a bidder maintaining a place of business in the City of Aspen, provided that if all or none of such bidders maintain a place of business in the City of Aspen, then the contract shall be awarded by drawing lots. Section 2. Informal Bidding Procedure Every purchase or contract involving an expenditure of less than Ten Thousand ($10,000.00) Dollars may be awarded to the lowest responsible bidder without com- plying with the provision of Section 1. herein, provided, however, that the following provisions govern: a. Informal Solicitation - Contracts Less Than $5,000.00 When the contract is estimated to be less than $5,000.00, the City Manager shall informally solicit bids by giving notice to the persons and firms listed in the latest bidder's list, if any, providing the service, commodity or -4- RECORD OF PROCEEDINGS 100 Leaves article desired by the City, as well as to such other persons or firms as are known by the City Manager to provide a competitive price or cost for the service or article. Procedure When Contract Estimated to Exceed $5,000.00 Whenever the contract to be awarded is estimated to exceed $5,000.00, the following procedures shall be followed: (1) Sealed bids shall be required and notices therefore shall be in writing and mailed or given at least ten (10) days prior to the time designated thereon for bid opening and shall include the specifi- cations. Such notices shall be mailed to the persons and firms listed on the latest bidder's list as well as to such other persons or firms as are known by the City Manager to provide competitive price or cost for the service or article. No bid bonds or published notice inviting bids shall be required. (2) The time intervening delivery of notice and bid opening may be shortened in the event the City Manager or City Council determines that it is urgently and immediately necessary that the contract be awarded at an earlier date. (3) At the time and place designated for bid opening, the City Manager shall publicly open each bid. Bids shall be tabulated -5- RECORD OF PROCEEDINGS 100 Leaves and held in the City Manager's office for public inspection for a period of 30 days. (4) Prior to making an award of contract exceeding $5,000.00, the City Council shall afford any bidder who is present at the particular council meeting an opportunity to testify or present evi- dence pertaining to the bidding procedures or documents employed if there is a complaint with respect thereto. (5) No contract shall be awarded to a bidder other than the lowest monetary bidder unless prior thereto, all of the bidders shall have been given notice by mail of the Council meeting at least 72 hours prior to the council meeting and shall be given an opportunity to: (aa) testify and present evidence pertaining to any matter relating thereto; (bb)cross examine or question any person testifying; and (cc) be present during all stages of the Council's award hearing. Upon conclusion of the hearing, Council may make an award and when such determination is made, it shall be final. Section 3. Exceptions to Competitive Bidding Requirement Notwithstanding any provision of this Article to the contrary, the competitive bidding procedures and require- -6- RECORD OF PROCEEDINGS 100 Leaves ments may be dispensed with in any of the following instances: a. When the estimated amount involved is less than $500.00 when a commodity is being purchased, such purchase is exempt from the requirements of this ordinance. b. When a commodity being purchased is standardized in a manner to be compatible with equipment or articles in existing City use and purchase is necessary in order to obtain more functional or economic use from such existing equipment or articles together with such commodity, provided that such purchase does not exceed $2,500.00, such purchase is exempt. c. The City Council may authorize a purchase or award a contract, without complying with the provision of this ordinance provided that, while in public session, it has received competent information or data supporting the fact that the product or service desired is provided by only one person or firm. d. The City Council may authorize a purchase or award a contract, without complying with the provisions of this ordinance, when an item to be purchased is by its nature subject to different methods of construction making it impossible to draw specifications to permit competitive bidding, provided, while in public session, it has received competent imformation or data supporting this fact. e. The City Council may authorize the purchase of materials, supplies, equipment and services -7- RECORD OF PROCEEDINGS 100 Leaves or order work performed by City or non-City forces upon a finding supported by competent information or data that such purchase or work is urgently and imminently necessary for the preservation of life, health or property. The term "urgently and imminently" as used in this ordinance shall be deemed to mean "threatening to happen at once such as an impending danger or calamity." f. Finally, any agreement involving acquisition of service, equipment or article entered into with another governmental entity shall also be exempt. Section 4. Splitting Projects Prohibited; Estimations; Collusion Prohibited No acquisition or project shall be split or separated into smaller acquisitions or projects for the purpose of evading the provisions of this ordinance. In esti- mating the cost of any acquisition or project, city officers shall consider all elements of potential cost in determining whether or not to follow the formal bidding procedure designated in this ordinance. Collusive or accommodation bidding is prohibited. Section 5. Professional Contracts Excluded Nothing herein shall be construed to preclude the City from awarding a written contract for pro- fessional services, as defined by case or statutory law, without complying with the provisions of this ordinance. Section 6. Disposal of Obsolete or Surplus Property Obsolete or surplus property of an estimated value of $500.00 or more shall be sold by the sealed bid method -8- RECORD OF PROCEEDINGS 100 Leaves or at public auction conducted not less than five (5) days following published notice thereof in a newspaper of general circulation within the City. Such property, however, may also be traded in for credit on the purchase of other property in the discretion of the City Manager or City Council. Section 7. Lowest Responsible Bidder Defined The expression "lowest responsible bidder" as used in this ordinance and the City's bidding docu- ments, shall be deemed to mean the lowest bidder whose offer best responds in quality, fitness and capacity to the requirements of the proposed work or usage, taking into account the responsibility (including financial) and reliability of the bidder, his skill, experience, and ability to promptly and satisfactorily complete the contract. The expression "lowest responsible bidder" shall be deemed to mean "highest responsible bidder" in those instances where the highest rather than lowest price is desired. Section 8. Severability If any provision of this ordinance or the appli- cation thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications and to this end the provisions or applications of this ordinance are declared to be severable. Section 9. Public Hearing A public hearing on this ordinance shall be held on j..,~ ~.,~-~ , 1974, at 5 P.M. in the City // Cou~l Chal%bers, City Hall, Aspen, colorado. -9- RECORD OF PROCEEDINGS 100 Leaves INTRODUCED, READ AND ORDER published as provided by law by the Aspen City Council at its regular meeting ATTEST: , 1974. ,,. ' .~ ~. Stacy Standley III Mayor City Clerk FINALLY APPROVED, ADOPTED AND PASSED on the day of , 1974. ATTEST: Stacy Standley III Mayor City Clerk