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
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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In updating the Omaha Municipal Codes certain outdated references to dates were removed.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
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ORDINANCE NO. C3 74
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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
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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
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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
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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
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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
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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
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• § 3-48 OMAHA CODE
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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
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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.
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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
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