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HomeMy WebLinkAbout893_Part 7 Ch 1_Competitive BidTulsa County Clerk- EARLENE WILSON Doc # 2007054269 Pages 3 Receipt # 925222 05/18/07 10:51:15 00925,71'P2 Fee 17.00 CITY OF OWASSO, OKLAHOMA ORDINANCE No. 893 AN ORDINANCE RELATING TO PART SEVEN, FINANCE AND TAXATION, CHAPTER ONE, FINANCE AND BUDGET ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY INCLUDING PROVISIONS ESTABLISHING PROCESS OF COMPETITIVE BIDDING FOR PUBLIC IMPROVEMENTS BETWEEN TWO THOUSAND DOLLARS AND TWENTY -FIVE THOUSAND DOLLARS. THIS ORDINANCE AMENDS PART 7, CHAPTER 1, OF THE CITY OF OWASSO CODE OF ORDINANCES, SECTION 7 -104. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part Seven, Finance and Taxation, Chapter 1, Finance and Budget Administration, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying as follows: SECTION TWO (2): SECTION 7 -104 COMPETITIVE BIDDING A. The City shall adhere to the provisions of Oklahoma Statues (1991), Title 61, Sections 101 et seq. when determining when competitive bidding is required and the manner in which competitive bids are obtained. B. If the City Charter provides for additional competitive bidding requirements, such additional requirements shall be met. C. In addition to the requirements of (A) above, public trusts created pursuant to O. S. Title 60, Section 176, of which the City is beneficiary, shall also follow the competitive bidding provisions of Section 176(g) of Title 60. D. The City is authorized to employ, implement and utilize auction electronic bidding in accordance with the provisions of 11 O.S. § 17 -115. The Administration of the City is hereby authorized to promulgate policies and procedures for implementation of the auction electronic bidding as authorized by state law to the fullest extent thereof. E. A contract for public improvements of $2,000 or more, but less than $25,000, shall be awarded to the lowest and best bidder after three verbal quotes have been obtained, and the contract has been advertised on the City of Owasso's website for seven (7) consecutive days. It shall not be necessary to obtain written bids for public improvement contracts between $2,000 and $25,000, or to publish them in a newspaper of general circulation. F. Before any purchase, or contract for, supplies, materials, equipment or contractual services are made, as otherwise provided below, including lease contracts with options to purchase, the City purchasing authority shall give written notice for sealed bids to at least three (3) persons, firms or corporations dealing in and able to supply the same, a request for quotation, or invitation to bid, and specifications, to give the opportunity to bid; or publish notice of the proposed purchase in a newspaper of general circulation within the city. He shall favor a person, firm or corporation in the city when this can be done without additional cost to the City; but he shall submit requests for quotation to those outside the city when this may be necessary to secure bids or to create competitive conditions, or when he thinks that by so doing he can make a saving for the city and shall purchase from them when he can make a saving for the city. All bids shall be sealed and shall be opened in public at a designated time and place. He may repeatedly rej ect all bids, and again may submit to the same or other persons, firms or corporations the request for quotation, or incitation to bid, or again publish notice of the proposed purchase. He may purchase only from the bidder whose bid is most advantageous to the City, considering price, quality, date of delivery and so on, and in case of a tie, may purchase from on of those tying, or may divide the purchase among those tying, always accepting the bid or bids most advantageous to the City. (Ord No. 819, 07/50/2005; Ord. No. 842 02/21/2006) SECTION THREE (3): Repealer All ordinances, or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION FOUR (4): Declaring an Effective Date The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): Severability If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION SIX (6): Codification The City of Owasso Code of Ordinances is hereby amended by amending Sections 7- 104(E) and (F) to be codified in Part 7, Chapter 1, as section 7 -104. 2 PASSED by the City Council of the City of Owasso, Oklahoma on the I — day of a , 2007. Stephen tataudella, Mayor legality this ) day of , 2007 Lombardi City Attorney 3 PUBLISHER'S AFFIDAVIT ORD NO. 893 PUBLICATION DATE(S) 05/22/07 CASE NUMBER: ORD NO. 893 AD NUMBER: 00031486 LEGAL NOTICE STATE OF OKLAHOMA COUNTY OF Tulsa SS I, of lawful age, being duly sworn, am a legal representative of Owasso Reporter of Owasso, Oklahoma, a daily newspaper of general circulation in Tulsa, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1982 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the ABOVE LISTED DATE(S) Representative Signature if if Subscribed to and sworn to me this 23rd day of May, 2007 Notary Public CAROL MOORE My commission number: 06011684 My commission expires: December 8, 2010 Customer #: 00000779 Customer: CITY OF OW ASSO Publisher's Fee: 118.35 as , CAROLMOORE OLMOORE te of Oklahoma ounty i My s December 8, 2010 # 06011684 31486 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, May 22, 2007 CITY OF OWASSO, OKLAHOMA ORDINANCE No. 893 AN ORDINANCE RELATING TO PART SEVEN, FINANCE AND TAXATION, CHAPTER ONE, FINANCE AND BUDGET ADMINISTRATION, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, AMENDING SAME BY INCLUDING PROVISIONS ESTABLISHING PROCESS OF COMPETITIVE BIDDING FOR PUBLIC IMPROVEMENTS BETWEEN TWO THOUSAND DOLLARS AND TWENTY -FIVE THOUSAND DOLLARS. THIS ORDINANCE AMENDS PART 7, CHAPTER 1, OF THE CITY OF OWASSO CODE OF ORDINANCES, SECTION 7 -104. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT, TO -WIT: SECTION ONE (1): Part Seven, Finance and Taxation , Chapter 1, Finance and Budget Administration, of the Code of Ordinances of the City of Owasso, Oklahoma, shall be amended by providing and codifying as follows: SECTION TWO (2): SECTION 7 -104 COMPETITIVE BIDDING A. The City shall adhere to the provisions of Oklahoma Statues (1991), Title 61, Sections 101 at seq. when determining when competitive bidding is required and the manner in which competitive bids are obtained. B. If the City Charter provides for additional competitive bidding requirements, such addi- tional requirements shall be met. C. In addition to the requirements of (A) above, public trusts created pursuant to O.S. Title 60, Section 176, of which the City is beneficiary, shall also follow the competitive bidding provisions of Section 176(8) of Title 60. D, The City is authorized to employ, implement and utilize auction electronic bidding in accordance with the provisions of 11 O.S. 17 -115. The Administration of the City is here- by authorized to promulgate policies and procedures for implementation of the auction elec- tronic bidding as authorized by state law to the fullest extent thereof. E. A contract for public Improvements of $2,000 or more, but less than $25,000, shall be awarded to the lowest and best bidder after three verbal quotes have been obtained, and the contract has been advertised on the City of Owasso's website for seven (7) consecutive days. It shall not be necessary to obtain written bids for pub- lic Improvement contracts between $2,000 and $25,000, or to publish them in a news- paper of general circulation. F. Before any purchase, or contract for, supplies, materials, equipment or contractual serv- ices are made, as otherwise provided below, including lease contracts with options to pur- chase, the City purchasing authority shall give written notice for sealed bids to at least three (3) persons, firms or corporations dealing in and able to supply the same, a request for quo- tation, or invitation to bid, and specifications, to give the opportunity to bid; or publish notice of the proposed purchase in a newspaper of general circulation within the city. He shall favor a person, firm or corporation in the city when this can be done without additional cost to the City; but he shall submit requests for quotation to those outside the city when this may be necessary to secure bids or to create competitive conditions, or when he thinks that by so doing he can make a saving for the city and shall purchase from them when he can make a saving for the city. All bids shall be sealed and shall be opened in public at a designated time and place. He may repeatedly reject all bids, and again may submit to the same or other persons, firms or corporations the request for quotation, or incitation to bid, or again publish notice of the proposed purchase. He may purchase only from the bidder whose bid is most advantageous to the City, considering price, quality, date of delivery and so on, and in case of a tie, may purchase from on of those tying, or may divide the purchase among those tying, always accepting the bid or bids most advantageous to the City. (Ord No. 819, 07/50/2005; Ord. No. 842 02/21/2006) SECTION THREE (3): Repealer All ordinances, or parts of ordinances, in conflict with this ordinance are repealed to the extent of the conflict only. SECTION FOUR (4): Declaring an Effective Date The provisions of this ordinance shall become effective thirty (30) days from the date of final passage as provided by state law. SECTION FIVE (5): Severability If any part or parts of this ordinance are held invalid or ineffective, the remaining portion shall not be affected but remain in full force and effect. SECTION SIX (6): Codification The City of Owasso Code of Ordinances is hereby amended by amending Sections 7- 104(E) and (F) to be codified in Part 7, Chapter 1, as section 7 -104. PASSED by the City Council of the City of Owasso, Oklahoma on the 15th day of May, 2007 ATTEST: /s/ Sherry Bishop City Clerk (SEAL) APPROVED as to form: /s/Julie Lombardi City Attorney /s/Stephen Cataudella Mayor MEMORANDUM TO: THE HONORABLE MAYOR AND CITY COUNCIL CITY OF OWASSO FROM: JULIE TROUT LOMBARDI CITY ATTORNEY AND GENERAL COUNSEL SUBJECT: PROPOSED ORDINANCE ESTABLISHING COMPETITIVE BIDDING PROCEDURE FOR PUBLIC IMPROVEMENT CONTRACTS BETWEEN $2,000 AND $25,000 DATE: May 15, 2007 BACKGROUND The City of Owasso is required to comply with several state statutes and municipal ordinances, as well as the City's charter, when awarding a public construction contract for the purpose of constructing public improvements. The attached ordinance is designed to address and remedy a gap in the competitive bid process that exists as a result of the interrelation of these statutory, charter and municipal ordinance authorities. State law known as the Public Competitive Bidding Act (Title 61 O.S. Section 101 et seq.) requires that all public construction contracts be awarded to the lowest responsible bidder following the solicitation of sealed bids. A "public construction contract" is defined within the Act as any contract exceeding $25,000 which is awarded by any public agency for the purpose of making any public improvement. A "public improvement" is defined as any beneficial or valuable change, addition or enhancement of, or upon, any real property belonging to a public agency. Thus, it is clear that state statute requires that all contracts for public improvements in excess of $25,000 must be competitively bid in conformance with the Act. In conjunction with the Public Competitive Bidding Act, the City of Owasso's charter provides in Section 4 -4 entitled "Public Improvements" that a contract for public improvements of more than $2,000 may be awarded only to the lowest and best responsible bidder after such notice and opportunity for bidding as the Council may prescribe. However, neither the charter nor the Code of Ordinances sets forth such a process for obtaining bids on these types of contracts. The combined requirements of the Public Competitive Bidding Act and the City's charter make two things clear: 1) all contracts for public improvements exceeding $25,000 must be publicly and competitively bid, and, 2) all contracts for public improvements less than $2,000 need not be similarly bid. While no specific process is contained within the Act or the City's charter for the award of public improvement contracts exceeding $2,000 but less than $25,000, the charter has clearly reserved authority in Section 4 -4 for the City Council to prescribe such a process: Section 4 -4 Public Improvements Public Improvements may be made by the city government itself or by contract. The council shall award all contracts for such improvements; provided that the council may authorize the City Manager to award such contracts not exceeding an amount to be determined by the council and subject to such regulations as the Council may prescribe. A contract for public improvements of more than $2,000 may be awarded only to the lowest and best bidder after such notice and opportunity for competitive bidding as the council may prescribe. All bids may be rejected and further notice and opportunity for competitive bidding may be given. The proposed ordinance would amend City Code of Ordinances Section 7 -104 entitled "Competitive Bidding" by adding a section governing the award of certain public improvement contracts. Specifically, this section would allow a contract for public improvements between $2,000 and $25,000 to be awarded to the lowest and best bidder after three verbal quotes have been obtained and the contract has been advertised on the City's website for seven consecutive days. The new section expressly provides that it shall not be necessary to obtain written bids prior to awarding contracts of this type. RECOMMENDATION Staff recommends approval of Ordinance No. 893. ATTACHMENT Ordinance No. 893 amending section 7 -104, Competitive Bidding