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HomeMy WebLinkAboutORD-01-02 Amend Ch 3.08- Public Work ContractsI I ORDINANCE NO, 1- 02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ORANGE AMENDING CHAPTER 3.08 OF THE ORANGE MUNICIPAL CODE RELATING TO AMENDMENTS TO PUBLIC WORK CONTRACTS.WHEREAS, the City has adopted a purchasing system for the award of public works contracts; and WHEREAS, the purchasing system requires all public works contracts in excess of 30,000 to be approved by the City Council; and WHEREAS, under the purchasing system, any modifications in the dollar amount of a public works contract in excess of $5,000 must be approved by the City Council; and WHEREAS, the City Council recently expanded the authority of the City Manager to approve dollar amount changes in City Council-approved professional services contracts; and WHEREAS, this Ordinance would provide similar authority to the City Manager with respect to public works contracts; and WHEREAS, the City Council finds that it is in the best interests of the City to increase the City Manager's authority in the amounts provided in this Ordinance.NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE DOES ORDAIN AS FOLLOWS: SECTION I:Section 3.08.520E. of the Orange Municipal Code IS deleted III its entirety and replaced with the following:E. The City Manager shall have the authority to award informal contracts pursuant to this Section 3.08.520 with a value of thirty thousand dollars 30,000.00) or less pursuant to the findings and recommendations presented by the Public Works Director. Such contracts shall have the prior approval of, and be executed by, the City Manager and shall be approved as to form by the City Attorney. All contracts with a value in excess of thirty thousand dollars 30,000.00) to be awarded pursuant to this Section 3.08.520 shall require the approval of the City Council and shall be executed by the Mayor and approved as to form by the City Attorney. Unless the agreement provides otherwise, the City Manager may approve dollar increases to contracts that have been approved by the City Council. The extent of the City Manager's approve such increases shall be in the amount of $10,000 or 10 percent, whichever is greater. However, in no event may the City Manager approve an increase of more than $30,000." SECTION II: Section 3.08.560 of the Orange Municipal Code is deleted in its entirety and replaced with the following: All contracts for public work with a value of value of more than seventy- five thousand dollars ($75,000.00) shall require the approval of the City Council and shall be executed by the Mayor and approved as to form by the City Attorney.Unless the agreement provides otherwise, the City Manager may approve dollar increases to contracts that have been approved by the City Council. The extent of the City Manager's authority to approve such increases shall be in the amount of $10,000 or 10 percent, whichever is greater. However, in no event may the City Manager approve an increase of more than $30,000. If a contract is awarded, it shall be awarded by the City Council to the lowest responsible bidder. The determination of the "lowest responsible bidder" shall be at the discretion of the City Council pursuant to the findings and recommendations presented by the Director of Public Works at the time of award of contract. In determining the lowest responsible bidder, the following shall be considered by the City Council, in addition to price:A. The ability, capacity and skill of the bidder to perform the contract or provide the services required;B. Whether the bidder can perform the contract or provide the services promptly, or within the time specified, without delay or interference;C. The sufficiency of the bidder's financial resources to perform the contract or provide the service;D. The ability of the bidder to provide future maintenance and services where such maintenance and service is essential;E. The quality and timeliness of the bidder's performance on prevIous contracts for the City;F. Litigation by the bidder on previous contracts with the City;G. The character, integrity, reputation, judgment, experience and efficiency of the bidder;H. The bidder is licensed under the Contractors' State License Law commencing with Section 7000 of the Business and Professions Code of the State of California, as the same may be amended from time to time) to perform the work for which it submitted a bid proposal."SECTION III:A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the Office of the City Clerk at least five (5) days prior to the Ord. No. 1-02 I I City Council meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also be published once within fifteen (15) days after this Ordinance's passage in a newspaper of general circulation, published, and circulated in the City of Orange. The City Clerk shall post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along with the names of those City Council members voting for and against the Ordinance in accordance with Government Code Section 36933. This Ordinance shall take effect thirty (30) days from and after the date of its final passage. ADOPTED this 12th day of February, 2002 c.111 Mark A. Murphy, M ATTEST: AA4'U-t??~(!,7f- A A~Cassandra J. Cathca, ity Clerk of the City of Orange STATE OF CALIFORNIA )COUNTY OF ORANGE )CITY OF ORANGE )I, CASSANDRA J. CATHCART, City Clerk of the City of Orange, California, do hereby certify that the foregoing Ordinance was introduced at the regular meeting of the City Council held on the 22"d day of January, 2002, and thereafter at the regular meeting of said City Council duly held on the 12th day of February, 2002, was duly passed and adopted by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS:SLATER, ALVAREZ, MURPHY, COONTZ, CAVECCHE NONE NONE NONE Cassandra J. Cathca, ity Clerk of the City of Orange Ord. No. 1-