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HomeMy WebLinkAboutNS-1682EJC:ar 4/22/83 ORDINANCE NO. NS- 1682 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 2-801, 2-802, 2-804~ 2-805, 2-806, 2r807, AND 2-1 OF THE SANTA ANA MUNICIPAL' CODE RELATING TO.THE PURCHASING RULES AND REGULATIONS~ THE CITY COUNCIL OF THE C~TY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1; That Section 2-801 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 2-801. City Manager authority. The city manager is au{horized to bind the city on contracts~in writinG without advertising, and without pre- vious approval by the City Council of each specific item for the payment of charges for materials, supplies, labor, equip- ment, other valuable consideration to be furnished the city, or for emergency public works construction as defined in Charter Section 421, in amounts not exceeding the sum of Ten Thousand Dollars ($10,000.00) without a contract let to the lowest responsible bidder after notic~ in any one co~tract. SECTION 2: That Section 2-802 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 2-802. Emergency and Petty Cash purchases in amounts under $500.00. For emergency or petty cash purchases only, an officer of the .city is author, ized {o bind the city on con- tracts in writing without advertising, and without previous approval of the City Council of each specific item for the payment of charges for materials, supplies, ~abor, equip- ment, or othe~ valuable consideration furnished the city, in amounts not exceeding Five Hundred Dollars ($500.00) in any one contract. SECTION 3: That Section 2-804 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 2-804. Procurement of materials, supplies, labor, or equipment over $10,000.00. The following procedure shall apply to every contract ORDINANCE NO. NS-1682 PAGE TWO involving an expenditure of more than Ten Thousand Dollars ($10,000.00) for materials, supplies, labor or equipment: (a) Notice In¥iting Bids. Notices inviting bids shall include a ge.neral description of the things to be purchased, and the time and place for bid opening. The notice shall be published ina newspaper of general circu- lation in the city for at least two (2) days, the first of which shall be at least ten (10) days before the date set for opening bids. (b) Invitation for Bid. Any interested bidder may obtain an invitation for bid. Bids may be solicited from a list of responsible suppliers, by sending them an invitation to bid. The purchasing officer shall make a good faith effort to send an invitation to bid to all suppliers of such materials, supplies, labor or equipment located within the boundaries of the City of Santa Ana. The invita- tion for bid shall include the following information: A generalldescription of the things to be purchased, the time and place for bid opening, bid instructions, and the terms and conditions of the bid and any resulting contract. (c) Return of Bids. Ail formal bids shall be submitted sealed in accordance with the instructions con- tained in the "Invitation for Bid" form. (d) opening 9~ Bids. The bids shall be opened in public, at the time and place stated on the "Invitation for Bid." All bids shall be publicly declared. (e) Award of Contract. Upon examination of all bids and a determination of the lowest and best bidder, a recommendation as to the successful bidder will be submitted to the City Council~by the city manager. Upon'approval, the contract shall be delivered to the successful bidder. If two or more bids received are the same and the lowest, the Council may a~cept the one it chooses. The~right to reject any or all such bids is expressly reserved to the city. SECTION 4: That Section 2-805 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 2-805. Procurement of Labor and Mater~ials for Public Works Construction over $500.00. The following procedure shall apply to every con- tract involving an expenditure of more than Five Hundred ORDINANCE NO. NS-1682 PAGE THREE Dollars i$500~00) for public works construction as defined in Charter Section 421: (a) Notice Inviting Bids. Notice inviting bids shall include a general description of the project, the place to obtain the plans and specifications, and the time and place for opening bids. The notice shall be published in a newspaper of general ~ir6~lation.in the city for at least two (2) days, the first of which shall be at least ten (10) days before the date set for opening bids. The pur- chasing officer shall make a good faith effort to send a notice inviting bids to all businesses engaged in providing labor and materials for such construction located within the boundaries of t~e City of Santa Ana. (b)' The Bid. Included with the plans and speci- fications for a public works project shall be the following documents: instructions'to bidder, proposal, bond samples and the contract. The bidder shall execute the proposal and contract, and submit them sealed with at least a ten percent (10%) bid bond, cashier's check or certified check. (c) Award Of Cohtract. ~Upon opening the bids at the time and plaCe Stated in t~e~nOtice, the aggregate bid of each bidder shall be publicly declared. Following the determination of the lowest and best bidder, the pro- p~'al and agreement from this bidder Shall be sent to the city attorney for approval as to forml The documents shall then be presented to the City Council for approval and authorization for execution. If two (2) or more bids re- ceived are the same and the lowest, the Council may accept the one it chooses. The right to.reject any or all such bids is expressly reserved to the City. (d) Notification of Award. A notification letter, a request for bonds, when necessary, and a copy of the fully executed contract shall be delivered to the successful bidder. (e) Performance Bonds. To secure faithful pgrforman~e of the contract, the city manager is authorized tO require security in the form of cash, cashier's check, certified check/ or corporate faithful performance bonds, in the following percent of the aggregate amount bid: One Hundred Percent (100%) Bond for Faithful Performance, and Fifty Percent (50%) Contractor's Payment Bond. ~ SECTION 5: That seCtion~2~80~ ~of the Santa Ana Municipal Code, is hereby amended'to read as follows: ORDINANCE NO. NS-1682 PAGE FOUR Sec. 2,806. PrQqurem~nt of materials, supplies, labor, equipment and emergency public works construction in amounts from ~500.00 to $10,000.00. The following procedure shall apply to every con- tract involving an expenditure between Five Hundred Dollars ($500.00) and Ten Thousand Dollars ($10,000.00) for ma- terials, supplies, labor, equipment, other valuaSle con- sideration, and emergency public works constrQdtion as de- fined in Charter Section 421: (a) Invitation for Bid. Any interested Bidder may obtain an invitation for'bid. The invitation for bid may be mailed to responsible bidders or recited over the telephone or in person, and shall include the following informatioh: a general description of the things to be purchased or prgject, the time and place for bid opening when applicable, bid instructions, and the terms and condi- tions of the bid and any resulting contract. The purchasing offi6er shall make a good faith effort to notify all businesses engaged in p~oviding such materials, supplies~ equipment, or public works construction..!ocated within the boundaries of the'City of Santa A~a of the opportunity to'bid. .(b) Return of Bids. Oniy formal bids shall be submitted sealed in accordance with the instructions con- tained in the "Invitation for Bid" form. Informal bids shall be recorded. (c) Openin~ of Bids. The bids shalI be opened, if sealed, and declared in public at ~he time and place stated on the "Invitation for Bid," only when required by' federal regulations or upon a bidder request. (d) Award of Contract. Upon examination of all bids and a determination of the lowest and best bidder, the contract shall be~awarded to the successful bidder. The right to reject any or all bids is expressly reserved to the city. . SECTION 6: That Section 2-807 Of the Santa Ana MuniciDal Code, is hereby amended to read as follows: Sec. 2-807. open Market Purchases. Any contract involving'exPen'diture of public funds, even though not required to be let by competitive bidding after publication of notice, shall nevertheless be entered ORDINANCE NO. NS- 1682 PAGE FIVE into only after review of such alternative sources of supply or performance as may be available in competition with one another and selection therefrom on the basis of obtaining maximum quality goods, services, or performance at minimum costs. Purchases may be made in the open market without observing the bidding requirements prescribed by the City Charter or this article, in each and every one of the fol- lowing cases: (a) Purchases of services, supplies, materials, and equipment, the expenditure for which does not exceed Ten Thousand Dollars ($10,000.00). (b) Purchases of services, supplies, materials and equipment whenever it shall appear that there is only one reasonably available source, if approved in advance by the City Council. (c) Purchases of services, supplies, materials and equipment deemed by the City Council to be of urgent necessity for the preservation of life, health or property, provided such purchases are authorized by a resolution of the Council containing a declaration of the facts constitut- ing the urgency, and adopted by the affirmative vote of at least two-thirds (2/3) of the members of the Council. (d) Situations where solicitation of bids would for any reason be an idle act, if approved in advance by the City Council. (e) Situations where no bids are received, after advertising therefor. SECTION 7: That Section 2-1 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 2-1. City Manager's Authority to Approve Change Orders. The city manager of the City of Santa Ana is here- by authorized to bind the City of Santa Ana on change orders to city contracts for materials, supplies or equipment, or for public works construction as defined in Santa Ana City Charter Sectibn 421, without previous City Council approval when such change order for any one contract, together with any previously approved change orders for said contract, do not cumulatively amount to an increase of the city's expendi- ture obligation under said contract of more than five per- cent (5%), or the amount of Ten Thousand Dollars ($10,000.00), whichever is the lesser. ORDINANCE NO. NS- 1682 PAGE SIX SECTION 8: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the deci- sion of any court of competent jurisdiction; such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of. the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 9: Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecution for violation of ordinances, which violations were committed prior to the effective date here- of, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such li- cense or penalty or the penal provision applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance, and all rights and obligations thereunder appertaining shall continue in full force and effect. ADOPTED this 16th day of May , 1983. ATTEST: R. W.~-~BOURGER, M~OR APPROVED AS TO FORM: COUNCILMEMBERS: Luxembourger A~e Griset A~e _ Acosta Aye Bricken Aye Johnson McGuigan Aye Young