Loading...
ORD 34140 - Amend chapter 3 of municipal code re submission of proposed bid specifications 1 . , - - ONIAHA,N!�' RECEIVED `;`" �,s� Law Department Lib- v i Omaha/Douglas Civic Center t�ftj( ;fir( 97 FEB -6 I pM E• 27 1819 Farnam Street,Suite 804 Z f®,,i' Ply► Omaha,Nebraska 68183-0804 yA�� (402)444-5125 �q�r �te� CITY CLERK Telefax(402)444-5125 ED FEBR O M A H A, N B RASK 1', Herbert M.Fitle City of Omaha City Attorney Hal Daub,Mayor Honorable President and Members of the City Council, The purpose of the attached ordinance,prepared at the request of Councilmember Frank Christensen, is to revise Section 3-62(a) of the Omaha Municipal Code to specify a time period during which the Parks, Recreation and Public Property Department Director must submit to the City Council proposed bid specifications and the notice to bidders soliciting proposals for the installation, placement, maintenance and removal of bus stop benches. In updating the Omaha Municipal Codes certain outdated references to dates were removed. Mr. - Christensen desires to insert time frames to guide the preparation of the aforementioned documents. Sincerely, ..a4/c__.___________--- J avel Assistant City Attorney P:\LAW\3524.MAF 4I ' r ,e;2a/re6/5.‘ jege 9.ro c9/P/97: ORDINANCE NO. C3 74 • 1 AN ORDINANCE to amend Sections 3-62 and 3-63 of the Omaha Municipal Code; to provide a 2 time frame for the submission of proposed bid specifications to the city council; to change 3 the method of acceptance and award of a contract for bus stop benches by the council to 4 resolution rather than by ordinance;to repeal original Sections 3-62 and 3-63 of the Omaha 5 Municipal Code; and to provide an effective date. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: 7 Section 1. That Section 3-62 of the Omaha Municipal Code shall be amended to read: 8 Sec. 3-62. Preparation of bid specifications. 9 (a) The director of the department of parks,recreation and 10 public property shall submit to the city council proposed bid 11 specifications and the accompanying "notice to bidders" soliciting 12 proposals for the installation, placement, maintenance and removal 13 of bus stop benches throughout the city at least four months prior to 14 the commencement of the contract term specified in Section 3-63(b). 15 The council shall approve said bid specifications by resolution and 16 direct the purchasing agent to proceed with the purchasing procedure 17 as set forth in section 5.16 of the Home Rule Charter of the City of 18 Omaha, 1956, as amended; together with all applicable ordinances, 19 irrespective of the dollar amounts involved,and further shall establish 20 the time frames therefor. 21 (b) Every four years, unless the City elects to extend a 22 contract pursuant to an extension option specified in the contract in 23 compliance with section 3-63,the procedure set forth in subparagraph 24 (a) hereinabove shall be followed in the preparation, review and 25 approval of bid specifications under this article prior to their release. 26 Section 2. That Section 3-63 of the Omaha Municipal Code shall be amended to read: • ORDINANCE NO. //�Q PAGE 2 1 Sec. 3-63. Acceptance of bid, award of contract, and period of 2 contract. 3 (a) The purchasing agent shall submit to the city council 4 the bid tabulation sheet, together with all bids submitted and all 5 related correspondence. Thereafter, the city council shall, by 6 resolution ordinance, accept the highest and best bid and award the 7 contract for the contract period. However,the council may, following 8 30 days' written notice to the contractor, terminate the contract for 9 noncompliance with the contract provisions in the event that the 10 contractor fails to remedy any such noncompliance to the satisfaction 11 of the council within said 30 days. 12 (b) Every four years, the procedure. set forth in 13 subparagraph(a)hereinabove shall be followed in the acceptance of 14 bids and award of contracts under this article. Any contract so 15 awarded shall be for a four-year term commencing January 1 or as 16 soon thereafter as said council action may be taken, and ending 17 December 31 of the appropriate year. However, the council may, 18 following 30 days' written notice to the contractor, terminate the 19 contract for noncompliance with the contract provisions in the event 20 that the contractor fails to remedy any such noncompliance to the 21 satisfaction of the council within said 30 days. 22 Section 3. That Sections 3-62 and 3-63 of the Omaha Municipal Code as heretofore existing 23 are hereby repealed. ORDINANCE-NO. //O PAGE 3 ' r 1 Section 4. That this Ordinance shall be in full force and effect fifteen days from and after 2 its date of passage. INTRODUCED BY COUNCILMEMBER APPROVED BY: DATE • MAY R OF T CITY OF OMAHA E PASSED MAR 1 8 1997 a,S awe/� DATE i ' ATTEST: CITY CLE OF THE C OF OMAHA ATE APPROVED AS TO FORM:�,�,1/ a4ut ASS tr.NT CITY ATTORNEY DATE P:\LAW\5773.SKZ .. p _ _ . I i • : c) MOTION BY COUNCILMEMBER CHRISTENSEN I hereby move that Council Document No. 747,Current Series,be amended in the whole by deleting the Ordinance in its entirety and substituting in lieu thereof the attached Ordinance. APPROVED AS TO FORM: /�C J -3-97 • ASSIS f'NT CITY ATTORNEY DATE P:\LAW\5772.SKZ . T r . C ORDINANCE NO. 1 AN ORDINANCE to amend Sections 3-62 and 3-63 of the Omaha Municipal Code; to provide a 2 time frame for the submission of proposed bid specifications to the city council; to chance 3 the method of acceptance and award of a contract for bus stop benches by the council to 4 resolution rather than by ordinance; to repeal original Sections 3-62 and 3-63 of the Omaha 5 Municipal Code; and to provide an effective date. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: 7 Section 1. That Section 3-62 of the Omaha Municipal Code shall be amended to read: 8 Sec. 3-62. Preparation of bid specifications. 9 (a) The director of the department of parks,recreation and 10 public property shall submit to the city council proposed bid 11 specifications and the accompanying "notice to bidders" soliciting 12 proposals for the installation, placement, maintenance and removal 13 of bus stop benches throughout the city at least four months prior to 14 the commencement of the contract term specified in Section 3-63(b). 15 The council shall approve said bid specifications by resolution and 16 direct the purchasing agent to proceed with the purchasing procedure 17 as set forth in section 5.16 of the Home Rule Charter of the City of 18 Omaha, 1956. as amended. together with all applicable ordinances. 19 irrespective of the dollar amounts involved,and further shall establish 20 the time frames therefor. 21 (b) Every four years, unless the City elects to extend a 22 contract pursuant to an extension option specified in the contract in 23 compliance with section 3-63,the procedure set forth in subparagraph 24 (a) hereinabove shall be followed in the preparation, review and 25 approval of bid specifications under this article prior to their release. 26 Section 2. That Section 3-63 of the Omaha Municipal Code shall be amended to read: i ORDNANCE NO. PAGE 2 1 Sec. 3-63. Acceptance of bid, award of contract, and period of . contract. 3 (a) The purchasing. agent shall submit to the city council 4 the bid tabulation sheet, together with all bids submitted and all 5 related correspondence. Thereafter, the city council shall, by 6 resolution ordinance. accept the highest and best bid and award the 7 contract for the contract period. However,the council may, following 8 30 days' written notice to the contractor, terminate the contract for 9 noncompliance with the contract provisions in the event that the 10 contractor fails to remedy any such noncompliance to the satisfaction 11 of the council within said 30 days. 12 (b) Every four years, the procedure set forth in 13 subparagraph(a) hereinabove shall be followed in the acceptance of 14 bids and award of contracts under this article. Any contract so 15 awarded shall be for a four-year term commencing January 1 or as 16 soon thereafter as said council action may be taken, and ending 17 December 31 of the appropriate year. However, the council may, 18 following 30 days' written notice to the contractor, terminate the 19 contract for noncompliance with the contract provisions in the event 20 that the contractor fails to remedy any such noncompliance to the 21 satisfaction of the council within said 30 days. 22 Section 3. That Sections 3-62 and 3-63 of the Omaha Municipal Code as heretofore existing 13 are hereby repealed. • ORDINANCE NO. PAGE 3 1 Section 4. That this Ordinance shall be in full force and effect fifteen days from and after 2 its date of passage. INTRODUCED BY COIJNCILMEMBER APPROVED BY: DATE MAYOR OF THE CITY OF OMAHA DATE PASSED DATE A 1 1'EST: CITY CLERK OF THE CITY OF OMAHA DATE APPROVED AS TO FORM: a AL J-,- 97 ASSI NT CITY ATTORNEY DATE P:\LAW\5773.SKZ • REQUEST TO LAW DEPARTMENT ORIGINAL-, FOR LAW DEPARTMENT USE oONLY LOG BOOK # `-' W TO: HERBERT M. FITLE, CITY ATTORNEY DATE ASSIGNEDC_ ASSIGNED TO � ' it DATE: February 27, 1997 ANSWERED/SENT OUT 7 ; = c i WITHDRAWN " 'o ca REQUEST BEIf4G MADE BY: On behalf of Councilmember Christensen Warren We Council Staff Assistant 6 2 9.8 (Name) (Department) (Phone) TIME LINE (Due Date): Agenda - March 4. 19 9 7 12 Working Days from Date Received by Law Department REQUEST FOR: Amendment of the. Whole - Bus Stop Benches (State Specifically What You Are Requesting) DETAILS: (Do Not State "See Attached") Councilmember Christensen requests an amendment of whole to the bus bench ordinance that appeared on the City Council Agenda of February 25, 1997, for first reading. Councilmember Christensen requests an amendment of the whole that amends Section 3-63(a), that requires the City Council to award bus bench contract by ordinance. The change shall allow the contract to be awarded b y resolution. If the Law Department knows of any reason why this contract can not b e amended by Resolution, please advise Council Staff immediately. Otherwise, forward this amendment of the whole to the Clerk's Office for placement on the Council Agenda for March 4, 1997, for second reading. See attachment. INFORMATION ATTACHED: YES _X_ NO NONE AVAILABLE r m c: Councilmembers, City Clerk, Lou D'Ercole, Jerry Parks, Larry Foster, Council Staff Revised: 10/96 • • • • § 3-48 OMAHA CODE • Sec. 48. Transfer. city council proposed bid specifications and the Permi , issued under the provisions of this accompanying "notice to bidders" soliciting pro- division s all not be transferable. posals for the installation, placement, mainte- (Code 1980, § 3-48) nance and removal of bus stop benches through- out the city. The council shall approve said bid Sec. 3-49. R vocation. specifications by resolution and direct the pur- chasing agent to proceed with the purchasing Without exclu ing other just gr.unds for revo- procedure as set forth in section 5.16 of the Home cation, the city, b and throug is public safety Rule Charter of the City of Omaha, 1956, as director or other o icial empo ered by law, may amended,together with all applicable ordinances, revoke any permit i- ued u der the provisions of irrespective of the dollar amounts involved, and this division obtained un. -r an application con- further shall establish the time frames therefor. taining a false or fraud 1: t statement knowingly made by the applica or for violation of this (b) Every four years, the procedure set forth in article or any other :pp 'cable provision of this subparagraph(a)hereinabove shall be followed in Code. the preparation, review and approval of bid spec- (Code 1980, § 3-4• ifications under this article prior to their release. (Code 1980, § 3-62; Ord. No. 33779, § 5, 1-9-96) Sec. 3-50. A. •eals. Any pers. aggrieved by the is•uance,denial or Sec. 3-63. Acceptance of bid, award of con- cancellat'.n of any permit issued der the pro- tract, and period of contract. visions •f this division may appea therefrom to the a• inistrative appeals board b complying (a) The purchasing agent shall submit to the wit all the provisions of section 2-1 et seq. of city council the bid tabulation sheet, together t Code. with all bids submitted and all related correspon- ode 1980, § 3-50) dence. Thereafter, the city council shall, byer4i— tey , accept the highest and best bid and award Secs. 3-51-3-60. Reserved. the contract for the contract period. However, the council may, following 30 days' written notice to the contractor,terminate the contract for noncom- ARTICLE M. BUS STOP BENCHES* pliance with the contract provisions in the event that the contractor fails to remedy any such Sec. 3-61. Declaration of necessity. noncompliance to the satisfaction of the council It is hereby declared necessary and expedient, within said 30 days. for the convenience of the public, to authorize the installation, placement and maintenance of bus (b) Every four years, the procedure set forth in stop benches upon public property at locations subparagraph(a)hereinabove shall be followed in where buses stop on a regularly scheduled basis, the acceptance of bids and award of contracts subject to the regulations, limitations, and quali- under this article.Any contract so awarded shall fications of this article. be for a four-year term commencing January 1 or (Code 1980, § 3-61) as soon thereafter as said council action may be taken, and ending December 31 of the appropri- Sec. 3-62. Preparation of bid specifications. ate year. However, the council may, following 30 days' written notice to the contractor, terminate (a) The director of the department of parks, the contract for noncompliance with the contract recreation and public property shall submit to the provisions in the event that the contractor fails to *Cross references—Occupation tax for bus stop bench remedy any such noncompliance to the satisfac- advertising, § 19-42; public transportation, ch. 28; transit tion of the council within said 30 days. authority, § 28-21 et seq. (Code 1980, § 3-63; Ord. No. 33779, § 6, 1-9-96) CD3:8 • • f ADVERTISING § 3-66 Sec. 3-64. Nonassignability of contract; let- (f) No more than two benches shall be placed ter of credit or performance bond; at any bus stop where a permanent bus payments by contractor. shelter is also located. Any such benches. (a) No contract awarded pursuant to the provi- shall be placed immediately adjacent to sions of this article may be assigned or subcon- said bus shelter. tracted. (g) In no event shall any location have more than two benches. (b) Any person awarded a contract pursuant to the provisions of this article shall file with the (h) Whenever a location ceases to be a posted finance director either an irrevocable letter of bus stop or a location at which a bus credit issued by a local financial institution or a regularly stops, then the contractor shall performance bond in an amount equal to the remove the bench within 30 days. amount of the bid. Said letter of credit or perfor- (i) In addition to the above and foregoing mance bond shall be in a form deemed acceptable restrictions, benches placed in zoning dis- by the city attorney. tricts AG, DR, R1 through R7 inclusive, (c) The contractor shall make all payments due MH, and LO shall be further subject to the under the contract on a quarterly basis on the following: dates and in such a manner as may be specified (1) Only one six-foot bench may be placed therein. at any stop. (Code 1980, § 3-64) (2) Except for benches located in the CBD zoning district, advertising shall ap- Sec. 3-65. Location and placement; mainte- pear on only one side of the bench. nance. (3) Upon receiving written objection to the 1 Benches authorized by the provisions of this placement of a bench in any such dis- article shall be located and placed only as pro- trict by a person owning property within vided herein: 300 feet of the bus stop or bench, the (a) No bus bench may be placed at any location director of the parks, recreation and other than a posted bus stop at which a bus public property department will re- regularly stops. This information must be view the situation and solicit the corn- verified by the transit authority as a part of ments of the contractor. If the director the application process. determines that the bench must be removed, then he/she shall notify the (b) Benches shall be, at minimum, a distance contractor of same in writing and the of two feet from the curb and shall be contractor shall remove any such bench placed so as to not obstruct pedestrian within 30 days. traffic flow or the cleaning of snow, ice or debris from sidewalks. (j) All benches shall be inspected by the con- tractor periodically and shall be main- (c) Benches shall be placed as close as possible tained by the contractor in a clean,safe and to the posted bus stop, provided that no bus sightly condition. bench shall be placed more than 20 feet (Code 1980, § 3-65) away from the posted bus stop. (d) All benches shall be placed facing the street Sec. 3-66. Specifications. on which the stop is located and may be All benches installed under the provisions of placed at an angle no greater than 15 this article shall conform to the following specifi- degrees from oncoming traffic. cations: (e) No bench shall be positioned in such a (a) The benches shall be either six feet or eight manner that it faces the center of an inter- feet in length, and shall not exceed 42 • section or creates a negative traffic impact. inches in height or 30 inches in depth. CD3:9 iC- `•\V ._ Ies = 8 Cv fD HI CA% • . C`) to .9 ..t ' 0 t.'; .1- § \ a. j n• (rtD 0 Ar I 11) PI p m u C \ • 4 rt m a • • REQUEST TO LAW DEPARTMENT' S • FOR LAW DEPARTMENT _USE ONLY LOG BOOK # TO: HERBERT M. FITLE, CITY ATTORNEY DATE ASSIGNED o .p ASSIGNED TO DATE: February 3 , 1997 ANSWERED/SENT OUT rT m WITHDRAWN y —= p t '� f: - c.a m REQUEST BEING MADE BY: On behalf of Councilmember Frankgisens Warren Wea b ,t44) ,...., Council Staff Assistant r =b29� C� (Name) (Department) „ (Phone) > CD TIME LINE (Due Date) : Council Agenda, February 25, 1997 12 Working Days from Date Received by Law Department . REQUEST FOR: Ordinance to Amend- Section 3-62 (a) (State Specifically What You Are Requesting) DETAILS: (Do Not State "See Attached") Councilmember Frank Christensen requests an Ordinance be prepared and placed on the Council Agenda for February 25, 1997, adding a new phrase to Section 3-62 (a) of the City Code. , Apparently , this phrase was inadvertently omitted during recodification of the City Code. In the earlier version of City Code, the phrase was in paragraph 3-62 (b) , but Council Staff believes it is more appropriate in 3-62 (a) . The Law Department is authorized to make the final determination as to location. Suggested new language at the end of the first sentence, underlined: 3-62 Preparation of bid specifications. (a) The director of the department of parks, recreation and public property shall submit to the city council proposed bid specifications and the accompanying "notice to bidders" soliciting proposals for the installation, placement, maintenance and removal of bus stop benches throughout the city— at a minimum four months prior to the contract start or renewal date. The . council shall . . . . INFORMATION ATTACHED: YES X NO NONE AVAILABLE rm c: Councilmembers, City Clerk, Jerry Parks, Brinker Harding, Council Staff • 7-,'-, .. . ,___...... 51 0 si ,,....... 2 ..i. 4, II C IS Ic Of i� , v _v Mt _ Vi \ 9-) all \\.) :5 cDc v m z Z 2 1 CO _ t �.. �i NCO -a XI N 0 r°t '4 0 o o ib r°n 6 --. �; I 4, �. XI N e cart a0 co rt H (� �� G� CI) m n co H• rt F'• w0 w a g y : � ` a CI, ON 0 P)H 04 ° n C:) I ,. Q. 1 r"T`� w n 0 n H. N 0 tt o 1� a. C 0t o ° co o [l. rt ) Pa rt z 3-14 rt _ 4: ft , , .o n w c) 1�4 .. ' ' o Nm rn g m(D f N0 � Nao9� 0 Cfg w • %� \ w 0 fD n rt A • C A) W r rt W M• C/)\ � ? CD li) Pi rt % cn o' n o I \ 0 �p� w rt I-' rt O CD F-� H .�� �p C) fD 0 OQ rt rn f a O p CI 1 ON I� = a) Hu" L1 rt H. a�, VV HI an 0 co o ID p o IVN5 \\ I . Fes \ C'�k i ` o rt co rt W N r°n H 0 \ �. 0 • n O 0rt O cz. D 0 CD -4ry rt N . La 0. 0 O a W r1 � w � :an, IcDw A a i n 0 .. oOOQmo 9o°, o Qo o aco003o w] m aoo E z ,.C<Oawggo Smm^'03a Wgso ?1pmw0 Km 03d�,m �'•�� a.c.> Dmm oA e_,mto Q7.00 Di Wa ]5p»oma31DZ.7zg°+»oma3 Z2 xm . <?mm ° es. Dop mmpF Nm � �O 3 D O m m m m 3 O m o y m 2 z ;07. N2 m61do 07> 32 csd °mg { mg, F. mo ^m d g 7, '^p0d m ]p A <°a acoao=.odd 0 Jm 3tO �''c ^ 5755 3a Na� 32,9 2 3 10mD1152 1 ^' y Vl,7a c"is 'N+W m —^j C CD a, S—0 —CD 0.m m O•� CD ih dw] '^dc ]- m .mo,] 'm^d° 6nw • N y g fD O n W m] m . 5>F -A m d S V W-• C ..,m 2x0 m N046am o okaO m O n'y O d Z _5,O m O W� fn 2 v(p =1 m d m N m n 77 .- NF.m ya O a2 m umi O ] 3 -O 3 w'O G) 3 d r on `°( oa ;fr D a ,� Z M • o o m c(: _ 1 n O ] m C D O .n. {QC N J] 2 °n° nm `r, 3_o aw ^ El ^.d N m N^• m d O a d N O O"