HomeMy WebLinkAbout1976- 8 Relating to Public Contracts, Providing that Contracts Shall Be Let By Bid,~
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ORDINANCE NO. S
SERIES OF 1975
AN ORDINANCE RELATING TO PUBLIC CONTRACTS, PROVID-
ING THAT CONTRACTS SHALL BE LET BY BID, ADVERTISEMENT
• FOR BIDS, AUTHORI2TNG THE TOWN MANAGER TO SIGN CON-
TRACTS ON APPROVAL OF TOWN COUNCIL, PROVIDED THE
TOWN COUNCIL MAY BY RESOLUTION AUTHORIZE THE TOWN MANAGER
TO NEGOTIATE SAID CONTRACTS; AND, SETTIiQG FORTH DE-
TAILS AND EXCEPTIONS TO THE FOREGOING;
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WHEREAS, the Charter of the Town of Vail and the
Constitution and Statues of the State of Colorado grant to the Town
as a homerule muncipality the authority to enter into contracts;
WHEREAS, the Charter in Section 6.3(k) entitled "Town
Manager-- rowers and duties" grants to the Town Manager the authority
to provide certain services for the Town;
WHEREAS, the Town Council believes it would be in the
best interest of the Town to specify the procedure and authority far
public contracts; and,
WHEREAS, it is the opinion of the Town Council that the
same would be in the best interest of the public health, safety and
welfare;
NOW, THEREFORE, BE TT ORDAINED BY THE TOWN COUNCIL OF
Section 1.
All work done by the Town i.n the construction of works
of public improvement of every kind shall be constructed
by independent contracts and all contracts shall be a
let by the Town Manager with the approval and direction
• of the Town Council. Providing further:
{a) All such contracts shall be let to the lowest and
responsible bidder after public advertisement.
THE TOti~TN OF VATL, COLORADO, THAT:
(b) 1f after advertisement, it is determined by the
Town Council that the bids are too high, the lowest
bidder was not reliable or responsible; or that the
proposed improvements could be made for less by the
Town's own employees or by negotiated contract, the
Town Council may reject allthe bids and direct: (i)
that the project be put out again for bid when the
conditions are deemed more favorable; (ii) that the
project be completed by the Town and its farces; or
(iii) that the Town Manager attempt to negotiate a
contract that may be more favorable to the Town.
In all advertisements the right shall be reserved
to reject any or all bids and upon rejecting all
bids and upon rejecting all bids, other bids may be
t 4 ~ ~ •
. advertised for or negotiations entered for said
contract.
(c) The Town is not required to advertise for and
receive bids for technical, professional or incidental
assistance and the Town Manager shall have the authority
to provide said services for the Town.
(d) If the Town Council determines that it would be
in the best interest of the public and the Town, it
may by resolution authorize the Town Manager to enter
into negotiations for a contract to construct a
particular local improvement or to perform work thereon
without submitting the same for bid. After completion
of that negotiation, the proposed terms of the contract
shall be submitted to the Council for its approval.
(e) Unless otherwise directed, all contracts with
the Town shall be signed by the Town Manager and
attested to by the Town Clerk.
Section 2. Severability.
If any part or provision of this ordinance or the applica~-
tion thereof to any person, proeprty or circumstance is adjudged in-
valid by any court of competent jurisdiction, such judgement shall be
confined in its operation to the part, provision, section, or applica-
tion directly involved in the controversy in which judgement shall. have
been rendered and shall not affect or impair the integrity or validity
of the remainder of this ordinance even without any such part, pro-
vision, section, or application.
Section 3. Savings Clause.
Nothing herein shall be construed to repeal, invalidate,
set aside or call into question any previous contract, action,
ordinance or resolution of the Town Council or Town Manager unless
expressly stated herein. All agreements, contracts, obligations
or rights previously entered into or vested in the Town or its
contractors shall remain in full force and effect and shall not be
effected hereby.
Section 4. Effective Date.
The Town Council finds that this ordinance necessary
to the public health, safety and welfare and the same shall take
effect as provided by the Charter.
INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED THIS
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INTRODUCED, READ, ADOPTED AND ORDERED
PUBLISHED BY TITLE ONLY this 6th day of April, 1976.
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