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HomeMy Public PortalAboutORD-CC-2006-07ORDINANCE #2006-07 AN ORDINANCE AMENDING TITLE 2, OF THE MOAB MUNICIPAL CODE REGARDING PURCHASING PROCEDURES WHEREAS, flexibility in purchasing and procurement procedures is needed to obtain the most competitive and financially advantageous services available; and WHEREAS, the procurement of construction services in a small market area necessitates the ability to make exceptions to purchasing policies to facilitate a competitive process and obtain services at a lower cost; and WHEREAS, Utah State Code Annotated 63-56-38 provides that local governments may adopt rules waiving the requirement for bid, performance or payment bonds on public construction projects; NOW THEREFORE, WE, the Governing Body of the City of Moab do hereby ordain the following: That Section 2.28.040 shall be amended as follows and 2.28.042 shall be added as follows: 2.28.040 Purchasing procedure --Securing competitive proposals and bids. It shall be the duty of the purchasing agent to make all purchases upon the most advantageous terms to the city, and to this end, the purchasing agent shall procure competitive proposals from at least two responsible persons, and shall take advantage of the lowest possible prices for goods of equal value. In all cases involving the expenditure of sums in excess of seven thousand dollars and below fifteen thousand dollars, the purchasing agent shall secure proposals in writing from at least three bidders, which proposals shall be filed with the requisitions pursuant to which the expenditures are made. Unless specifically excepted by provisions of this section, in all cases involving the expenditures of sums in excess of fifteen thousand dollars, the purchasing agent must advertise and solicit sealed bids as provided under current procurement guidelines. (Ord. 05-04 (part), 2005: Ord. 03-07, 2003: Ord. 03-01, 2003: Ord. 99-10, 1999: Ord. 97-09, 1997: Ord. 84-03 §2, 1984: prior code §2-53) 2.28.042 Bid security, performance and payment bonds A. A Bid Security Bond is required on all construction projects in excess of $50,000. Bid security shall be in an amount equal to at least five percent of the bid. B. Payment and Performance Bonds in the amount of 100% of the contract price are required for all construction contracts in excess of $50,000. Performance and payment bonding requirements shall be outlined in bidding and contract documents. Ordinance 2006-07 Page 1 of 2 C. Waiver of bonding - The City Manager and purchasing agent may elect to waive all or part of the bonding requirement if they find that bonds cannot reasonably be obtained for the work involved and if the City Manager and purchasing agent determine that there exists other reasonable assurances that adequately substitute for construction guarantees to protect the City for individual construction projects. This staff level waiver may be applied to projects between $50,000 and $499,999. Findings made pursuant to this section shall be in writing. D. Alternative Security — Where the City elects to waive or alter bonding requirements, the construction contract awarded by the City shall contain one or more alternative security mechanisms to secure performance by the contractor and/or payment to subcontractors, laborers, or material suppliers, which may include, but are not limited to: 1) an irrevocable letter of credit payable to the City; 2) a deed of trust, security agreement, deposit account at a financial institution, or similar collateral interest pledged to the City; or 3) joint payee checks or other disbursement controls by the City. In every contract where there is any waiver of bonding requirements, or where no bonding is required, the general contractor, subcontractors, laborers, and material suppliers providing labor, equipment, or services under the contract shall be required to execute payment waivers extinguishing claims against the City, in a form acceptable to the City, contemporaneous with disbursement of all progress payments, and at final completion. PASSED, ADOPTED AND APPROVED by the Governing Body of the City of Moab in open session this 20th day of April, 2006. This ordinance shall take effect immediately upon passage. EST: achel Ellison Moab City Recorder Dave Sakrison Mayor of Moab City Ordinance 2006-07 Page 2 of 2 CITY OF MOAB PLANNING COMMISSION PUBLIC HEARING LAND USE ORDINANCES The City of Moab Planning Commis- sion will hold a Public Hearing on Thursday, November 17, 2005 at approximately 6:00 p.m. in the Council Chambers of the Moab City Offices at 217 East Center Street, Moab, Utah. The purpose of this hearing is to solicit pub- lic input on the following land use ordinances: ORDINANCE 2006-01 AN ORDINANCE AMENDING SECTION 17.06.015 OF THE MOAB MUNICIPAL CODE REGARDING DESIGNATION OF FI- NALAUTHORITY FOR APPROVAL OF MU- NICIPAL LAND USE CODE PROCESSES AND THE DESIGNA- TION OF APPEAL THE PLANNING CO MISSION IS DESIG- NATED AS THE FI- NALAUTHORITY FOR GRANTING CONDI- TIONAL USE PER- MITS. APPEALS ARE TO BE MADE TO THE BOARD OF ADJUST- MENTS. ORDINANCE 2006-05 AN ORDINANCE AMENDING SEC- TIONS 17.12.020 THROUGH 17.12.090 OF THE MOAB MU- NICIPAL CODE AS FOLLOWS: (1). DELETING THE WORDS "SPECIAL EXEMPTIONS' AND BY REPLACING THE WORD "NONCON- FORMING" WITH "NONCOMPLYING" WHENEVER THE OR- DINANCE REFERS TO STRUCTURES OR BUILDINGS. ORDINANCE 2006-06 AN ORDINANCE AMENDING THE MOAB MUNICIPAL CODE SECTIONS 16.08.010, PRELIMI- NARY PLAT PRO- CEDURE, 16.12.050 PRELIMINARY PLAN APPROVAL AND 16.08.050 VACATING OR CHANGING OF A SUBDIVISION PLAT REQUIRING THE PLANNING COM- MISSION TO HOLD PUBLIC HEARINGS ON PRELIMINARY PLAT APPROVAL AND TO REQUIRE THAT NOTICING AND CHANGE OF SUBDI- VISION PLATS MUST CONFORM TO STATE LAND USE CODEAND TO NOTICING RE- QUIREMENTS. ORDINANCE 2006-07 AN ORDINANCE AMENDING SECTION 16.08.05.F OF THE MUNICIPAL CODE REGARDING THE REQUIREMENT FOR SUBDIVISION, MULTI- UNIT RESIDENTIAL AND INDUSTRIAL DE- VELOPMENT TO OB- TAIN A LETTER FROM ASEWERANDWATER AUTHORITY THAT IS NOT THE CITY WHO WILL PROVIDE SAID SEWER AND/OR WA- TER SERVICES. ORDINANCE 2006-08 AN ORDINANCE AMENDING THE MUNICIPAL CODE DESIGNATING THE PLANNING COMMIS- SION AS THE FINAL LAND USE AUTHOR- ITY AND THE BOARD OF ADJUSTMENT AS THE APPEAL AU- THORITY. ORDINANCE 2006-13 AN ORDINANCE AMENDING SECTION 17.66.140, PLANNED UNIT DEVELOP- MENTS, OF THE MOAB MUNICIPAL CODE DESIGNATING THE PLANNING COM- MISSION TO HOLD A PUBLIC HEARING AF- TER PROPER NOTIC- ING ON PRELIMINARY PLAT APPROVAL. ORDINANCE 2006-14 AN ORDINANCE AMENDING THE MOAB MUNICPAL CODE, SECTION 17.69.060, SECOND- ARY DWELLING, ESTABLISHING THE BOARD OF ADJUST- MENT AS THE AP- PEALAUTHORITY TO PLANNING COMMIS- SION DECISIONS. ORDINANCE 2006-15 AN ORDINANCE AMENDING SECTION 17.70.050, BED AND BREAKFAST FACILI- TIES, ESTABLISHING THE BOARD OF AD- JUSTMENT AS THE APPEAL AUTHOR- ITY TO PLANNING COMMISSION DECI- SIONS. Complete copies of these ordinance are available for public re- view at the Moab City Planning Office locat- ed at 217 East Center Street. In compliance with the Americans with Dis- abilities Act, individuals needing special ac- commodations during this meeting should notify the Recorder's Office at 217 East Cen- ter Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. /s/ Rachel Ellison City Recorder Published in The Times -Independent, Moab, Utah November 3 and 10, 2005. NOTARY PUBLIC SUSAN LARSEN 300 S Main Moab, Utah 84532 My Commission Expires June 30, 2008 STATE OF UTAH Proof of Publication STATE OF UTAH, County of Grand, Samuel J. Taylor or Adrien F. Taylor, being first duly sworn according to law, deposes and says: That he/she is the co -publisher of The Times -Independent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah; that the notice Land Use Hearing hereto attached, and which is made a part of this Affida- vit of Publication, was published in said newspaper for a period of 2 consecutive issues, the first publication date having been made Nov. 3, 2005 ;and the last on Nov. 10, 2005 ;and the said notice was published in each and every copy of said newspaper during the period and time of publication, and that it was published in the news- paper proper and not in a supplement thereof. Co -Publisher Subscribed and sworn before me this nov. 25, f Notary Public Residing at Moab, Utah My Commission Expires 3t, ���