4304-86
ORDINANCE NO. 4304-86
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE AUTHORITY OF THE CITY MANAGER;
AMENDING SECTION 42.30, CODE OF ORDINANCES, TO
AUTHORIZE THE CITY MANAGER TO APPROVE CHANGE
ORDERS TO CONTRACTS FOR PUBLIC WORKS, SUBJEC'T'
TO CERTAIN LIMITATIONS; PROVIDING AN EFFEC'T'IVE
DATE.
DE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF CLEARWATER;`FLORIDA:
Section 1. Section 42.30, Code of Ordinances, is amended to
read:
Section 42.30. Contracts over seventy-five hundred dollars.
Each public works project estimated to cost in excess of
seventy-five hundred dollars ($7,500.00) er-mere shall
be constructed pursuant to a written contract with the
lowest responsible bidder whose--bid-has-been-selleltedr
reeelved-and-appreved pursuant to the following procedures:
'.(1)Notice inviting bids. Notices inviting bids shall be
published at least twice in a newspaper of general
circulationT-priAted-and-published within the city.
The.first publication'shall be not less than ten (10)
days before the date of opening bids. The second
publication shall be not less than five (5) days from
the date of the first publication.
(2)Bidders list. Sealed bids shall also be solicited from
responsible prospective bidders whose names are on the
bidders list or who have made written request that their
names be added thereto.
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(3)Bidder's security. When deemed necessary, bidder's
security may be required preseribed in an amount described
in the publie notices inviting bids. Bidders shall be
entitled to return of bid security; provided that a '
successful bidder shall forfeit his bid security upon his
refusal or failure to execute the contract within ten (10)
days after the notice of award of contract has been mailed,
unless in the latter event the city is solely responsible
for the delay in executing the contract. The city com-
mission may, on refusal or failure of the successful bidder
'to-execute the contract, award it to the next lowest
bidder, the amount of the lowest bidder's security shall
be applied by the city to the contract price differential
between the lowest bid and the second lowest bid, and
the surplus, if any, shall be returned to the lowest
bidder.
(4)Bid opening procedures. Sealed bids shall be returned to
the city and shall be identified as "bids" on the
envelope, Bids shall be opened in public at the time
and.place stated in the publie notices. A tabulation of
all bids received shall be made available to the public.
(5)Rejection of bids. The city manager as purchasing agent may:
(a-J' Reject all bids; or
fb?} Reject all bids and readvertise for bids pursuant
to the procedures prescribed in this chapter;
(c-,) Reject all bids and direct that the public works
project in question be performed by city forces upon
determining that,the project can be timely performed
for an amount less than each of the bids 'submitted.
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(6) Award of contracts. Except as otherwise provided in
this chapter, contracts shall be awarded by the city
commission to the lowest responsible bidder.
(7) Performanco bond. A performance bond may be required
before entering into a contract, in such amount as
is found reasonably necessary to protect; the best
interests of the city. If a performance bond is
required, the form and amount of the bond shall be
described in the notice inviting bibs.
(8) Change orders. An chan a in the contract price,
scope of work or time for completion of any project
following the award of a contract shall be by a
written change order, approved by the city com-
mission and executed with the same formalities as
the contract. Elowever, the city manager may approve
and execute change orders without city commission
approval subject to the following limitations:
(a) Contract rice increases shall not exceed
$7_,500.00 over the original contract price, in
any one change or cumulative) for the same
contract. No contract price increase shall
be approved unless there are sufficient un- -
a2pro2riated funds available for such purpose.
(b) Contract rice decreases may be approved
without limitation.
(c) The time for completion may not be extended by
more than 30 days, in any one change or cumulative)
far the same proiect.
(d) No change order shall change the scope of the
work unless approved b the tit commission.
Section 2. This ordinance shall take effect immediately upon
adoption.
PASSED ON FIRST READING December 11, 1986
PASSED ON SECOND AND FINAL
READING AND ADOPTED January 15, 1987
Mayor'-commissi nex
Attest:
l Cit 'Clerk' .
Approved as to form & correctness:
City Atto ney
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