HomeMy WebLinkAboutPO 5261: PURCHASES/CONTRACTSINTER
OFFICE
MEMO
TO: Mayor, City Council & City Manager
From: Mark T. Sokolow, City Attorney /7~ ~~
Subject: P. O. No. 5261 - May 28, 2002 Council Meeting
Date: May 23, 2002
Attached is P. O. 5261 which is an Ordinance amending
Section 2-281 to 284 and to add Section 2-285 to the Code of
Ordinances as it pertains to Purchases and Contracts.
MTS/ts
Attachment
CC:
Director of Public Works
Senior Purchasing Assistant
Director of Community Services
P.O. No. 5261
05/23/02 ts
OP, DINANCE NO.
AN ORDINANCE AMENDING SECTION 2-281 TO 2-
284 AND TO ADD SECTION 2-285 OF THE CODE OF
ORDINANCES AS IT PERTAINS TO PURCHASES AND
CONTP, ACTS
WHEREAS, the City Council of the City of Port Arthur has
decided that it is in the best interests of the citizens of
the City of Port Arthur to amend Sections 2-281 to 2-284 and
to add Section 2-285 of the Code of Ordinances as it pertains
to Purchases and Contracts.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR=
Section 1. That the facts and opinions in the preamble
are true and correct.
Section 2. That the Code of Ordinances, City of Port
Arthur, Texas, is hereby amended by amending Sections 2-281 to
2-284 and to add Section 2-285, which sections shall read as
follows:
"Sec. 2-281. Bid Security and Liquidated Damages.
a) Bids for Public Works projects of $15,000 or more
shall be accompanied by a bid guarantee of not less than
five (5%) percent of the amount of the total bid which shall
be a certified check or cashier's check payable without
z.po5261 ]
recourse to the City, or a bid bond with corporate security
authorized to conduct business in the State of Texas. Such
security shall be submitted with the understanding that it
shall guarantee that the bidder will not withdraw his bid
within sixty (60) days after the date of the opening of the
bids; that if a bid is accepted, the bidder will enter into
a formal contract with the owner, furnish bonds and
insurance as may be required and commence work at the
specified time. In the event of the withdrawal of the bid
within such period, the failure to enter into the contract
or carry out the work, the bidder shall be liable to the
City for the
bid and the amount
the required work,
bid and any other damages
all, except the three (3)
be returned when the award is made.
executed, the checks of the two (2)
difference between the amount specified in the
for which the City may otherwise procure
as well as the costs to re-advertise the
incurred by the City. Checks of
lowest responsible bidders, will
When the contract is
remaining unsuccessful
bidders will be returned. The check of the successful
bidder will be returned when a formal contract, bonds and
insurance are approved and work has commenced within the
time specified.
b) The bidder to whom the award is made shall execute
2
and return the formal contract with the City and furnish
performance and payment bonds, as described in Section 2-282
and required insurance documents within ten (10) days after
the prescribed forms are presented to him for signature.
Such period will be
to the City within such period, for reasons, which,
sole discretion of the City, justify an extension.
extended only upon written presentation
in the
If the
contract, bonds and insurance documents are not received by
the City within such period, or if work has not been
commenced within the time specified, the City may proceed to
have the work required by the plans and specifications
performed by any means at its command.
c) The City, within ten (10) days of receipt of
acceptable performance and payment bonds, insurance
documents and contract, signed by the bidder to whom the
contract was awarded, shall sign and return an executed copy
of the contract to such party. Should the City not execute
the contract within such period, the bidder, may by written
notice to the City,
payment
withdraw his signed agreement.
Sec. 2-282. Bonds.
If the public works contract exceeds $25,000, a
bond shall be furnished. If the contract exceeds
$100,000.00, a performance bond shall also be
the amount of 100 percent of the contract
corporate surety duly authorized to do business
furnished in
price with
in the State
of Texas.
each bond a certified copy of
Sec. 2-283.
Attorneys-in-fact who sign bonds must file with
their power of attorney.
Public work contracts of
of $15,000 or less.
The City Manager or his designee
projects
may solicit, by
quotes, public
projects expected
performance bonds and payment bonds need
unless the City Manager deems it as
circumstance so requiring.
Sec. 2-284. Federally funded projects.
As to federally funded projects, the
directives,
work projects which include demolition
to cost $15,000 or less. Bid security,
not be required
an exceptional
follow federal guidelines,
City will
and advise as to the
necessity for and the content
bonds, payment bonds, contract
grant terms as to the program.
Sec. 2-285.
of bid security, performance
documents, loan terms and
Budgeted items under $5,000; City Manger
authorized to contract.
Pursuant
contracts, of the
to Section 1, Article XV, municipal
City Charter, the City Council confers
upon the City Manager the general authority to contract for
expenditure without further approval of the City Council for
all budgeted items not exceeding $5,000, subject to the
requirement that a monthly check register indicating all
such expenditures be provided to the City Council."
Section 3. That if any portion of this Ordinance
shall, for any reason, be declared invalid by any Court of
competent jurisdiction, the invalidity shall not affect the
remaining provisions hereof.
Section 4. That a copy of the
Ordinance be spread upon the Minutes of
READ, ADOPTED AND APPROVED on this __
caption of this
the City Council.
day of
, A.D., 2002, at a Regular Meeting of the City
Council of the City of Port Arthur, Texas, by the
following vote: AYES: Mayor , City
Council:
NOES:
ATTEST:
OSCAR ORTIZ, MAYOR
JAN STRODER, ACTING CITY SECRETARY
APPROVED AS TO FORM.'
MARK T. SOKOLOW, CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
STEVE FITZGIBBONS, CITY MANAGER