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
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