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HomeMy WebLinkAboutOrdinance No. 06-O100 ORDINANCE NO. 06-010 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA, CALIFORNIA, AMENDING CHAPTER 2 OF THE AZUSA MUNICIPAL CODE REGARDING INFORMAL BID LIMITS FOR PUBLIC PROJECTS, SUBSEQUENT CONTRACT AWARDS FOR PROFESSIONAL SERVICES AND PURCHASES OF ELECTRICAL TRANSFORMER EQUIPMENT AND PRIMARY COPPER CABLE THE CITY COUNCIL OF THE CITY OF AZUSA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 2-515 of Article VII of Chapter 2 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: "Sec. 2-515. Public project bidding and contracting. (a) $30,000.00 or less: Public projects of $30,000.00 or less may be awarded by the director of the department responsible for the project by any alternative purchasing procedure. (b) $30,001.00 to $125,000.00: Public projects of more than $30,000.00, but less than or equal to $125,000.00 may, except as otherwise provided in this article or the Act, be awarded by the city manager pursuant to the public project informal competitive purchasing procedure. If all bids received are over $125,000.00, the city council may, with the approval of a four-fifths vote of those members present, award the contract in an amount not exceeding $137,500.00 to the lowest responsive and responsible bidder, so long as the city council also determines that the city's cost estimate for the project was reasonable. (c) $125,001.00 or more: Public projects of more than $125,000.00 shall, except as otherwise provided in this article or the Act, be awarded by the city council pursuant to the formal competitive purchasing procedure. (d) City engineer approval: The city engineer shall review and approve the working details, drawings, plans and specifications prepared for every public project which may affect the design or operation of public improvements and which may bring into question the city's liability for dangerous conditions of public property. (e) City council approval: The city council shall review and approve the working details, drawings, plans and specifications prepared for every public project of more than $125,000.00. (f) Award: Contracts for public projects of $30,000.00 or less, if awarded, may be awarded in the best interests of the city. Contracts for public projects of more than $30,000.00, if awarded, shall be awarded to the lowest responsive and responsible 1 0 0 bidder. If two or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses." Section 2. Section 2-517 of Article VII of Chapter 2 of the Azusa Municipal Code is hereby amended by adding a new subsection (h) to read as follows: "(h) Subsequent Contract Awards: Notwithstanding anything herein to the contrary, neither a department head nor the city manager shall award a subsequent contract without City Council approval when the award of that subsequent contract will result in the City paying an aggregate amount of ten thousand dollars ($10,000) or more to the contractor in any given fiscal year. For purposes of this subsection, subsequent contracts are contracts with the same individual or entity that the City has contracted with for the delivery of professional services within any one City fiscal year." Section 3. Section 2-518, subsection (c) of Article VII of Chapter 2 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: "(c) $25,0000 or more. Purchases of supplies and equipment of more than $25,000 shall, except as otherwise provided in this article, be awarded by the city council pursuant to the Azusa formal competitive purchasing procedure. Notwithstanding this subsection, purchases of electrical transformers and/or primary copper cable in an amount of up to $75,000 per transformer or units of primary copper cable may be bid out by any alternative purchasing procedure and a contract for said purchases may be awarded by the city manager." Section 4. If any section, subsection, sentence, clause, phase, or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or portions might subsequently be declared invalid or unconstitutional. Section 5. This Ordinance shall become effective thirty (30) days after its adoption. Upon the effective date of this Ordinance, Urgency Ordinance No. 06-09 is hereby repealed. Section 6. The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted as required by law. PASSED, APPROVED, AND ADOPTED this 5th day of September, 2006. 6 E ATTEST: Vera Mendoza City Clerk 0 �] �Luy �" Di ne Chagnon Mayor I, Vera Mendoza, City Clerk for the City of Azusa, do hereby certify that the foregoing Ordnance No. 06-010, was duly introduced and placed upon its first reading at a regular meeting of the City Council on the 21St day of August 2006, and that thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 5th day of September, 2006, by the following vote to wit: AYES: COUNCILMEMBERS: HARDISON, CARRILLO, ROCHA, HANKS, CHAGNON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Vera endoza City Clerk