HomeMy WebLinkAboutORD NO 48604 +8 "00
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 3.20.60 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO REVENUE
AND FINANCE.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 3.20.60 of the Bakersfield Municipal Code is hereby amended to
read as follows:
3.20.060 Bidding.
A. Bidding Required. Except as provided below or in Section 3.20.040,
all contracts for the erection, improvement or repair of any public buildings or
works, or in furnishing any supplies, equipment and materials for the same, or for
any other use by the city, shall be by bid procedures pursuant to Sections
3.20.090 and 3.20.100.
B. Rejection of Bids. The city council may, in its discretion, reject any
and all bids and may readvertise for bids.
C. Award of Bids. Except as otherwise provided in this chapter, all bids
shall be awarded by the city council to the lowest responsible bidder submitting
a responsive bid resulting in the lowest possible net cost to the city.
D. Bidding Exceptions. Bidding may be dispensed with pursuant to the
procedures prescribed in this section and Section 136 of the city charter.
1. Projects for the erection and /or construction of all public buildings
and works, and for furnishing any supplies and materials for the same, or for any
other use by the city, and projects for the improvement, repair or maintenance
of all public buildings and works, and for furnishing any supplies and materials for
the same, the cost of which is forty thousand dollars or less, and contracts for the
purchase of concrete, fuel and asphalt, the cost of which is seventy -five
thousand dollars or less, may be performed by a city department or may be
obtained in the open market pursuant to Section 3.20.100 of this title as
determined by the city manager to best serve the needs of the city.
2. When the city council, by resolution, determines that work, supplies,
equipment or materials can only be reasonably obtained from one vendor
because of restricted availability of such work, supplies, equipment or materials,
or because of the necessity to successfully integrate such work, supplies, FeAKFq
equipment or materials into an existing city project or system. F �=
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3. When the city council, after rejecting bids, or if no bids are
received, by a resolution adopted by at least four affirmative votes declares
that, in its opinion, based on estimates supplied by the city manager, the work in
question may be performed better or more economically by city employees or
the supplies, equipment or materials may be purchased more economically on
the open market.
4. When the city council, by a resolution adopted by at least five
affirmative votes containing a declaration of facts, deems work, supplies,
equipment or materials to be of urgent necessity for the preservation of life,
health or property.
5. When the city council, by resolution establishes findings justifying an
exception to the bidding process, and determining that work, supplies,
equipment and materials can be best obtained through the design /build
construction procurement process, then upon adoption of such resolution by
the city council, the following design /build procurement process shall be used:
a. When the city council authorizes the use of the design /build
procurement process for a specific project, the director of public works may
proceed pursuant to this section.
b. For the purposes of this section design /build means a procurement
process in which both the design and construction of a project are procured
from a single entity.
C. For the purposes of this section, design /build entity means a
partnership, corporation, joint venture, or other legal entity that is able to
provide appropriately licensed contracting, architectural and engineering
services as needed.
d. The selection criteria for the design /build competition shall be
based upon performance, price and other criteria set forth by the public works
department in the solicitation proposals. The department shall establish
technical criteria and methodology, including price, to evaluate proposals, and
shall describe the criteria and methodology in the request for design /build
proposals. Criteria used in this evaluation of proposals may include, but need
not be limited to, items such as proposed design approach, life cycle cost,
project features and functions. The award shall be made to the design /build
entity whose proposal is judged as meeting the best interest of the city and
meeting the objectives of the project.
e. Prior to contracting for the procurement under design /build, the
public works director shall:
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i. Prepare a program setting forth the scope of the project that may
include, but is not limited to, the size, type, and desired design character of the
buildings and site, performance specifications covering the quality of the
materials equipment and workmanship, or any other information deemed
necessary to describe adequately the city's needs. The performance
specifications shall be prepared by a design professional duly licensed and
registered in the state of California.
ii. (A) Establish a competitive selection process for design /build entities,
including any subcontractors listed at the time of the submission, that clearly
specifies the selection criteria, as well as recommends the manner in which the
winning entity will be selected.
(B) The public works director shall consider at least the following criteria
in selecting a design /build entity:
(1) Possession of all required licenses, registration, and credentials in
good standing that are required to design and construct the project;
(2) Submission of evidence that establishes the design /build entity
members have completed, or demonstrated the capability to complete,
projects of similar size, scope or complexity, and that proposed key personnel
have sufficient experience and training to competently manage and complete
the design and construction of the project;
(3) Submission of a proposed project management plan that
establishes the design /build entity has the experience, competence and
capacity needed to effectively complete the project;
(4) Submission of evidence that establishes the design /build entity has
the capacity to obtain all required payment and performance bonding, liability
insurance, and errors and omissions insurance, as well as a financial statement
that assures the city the design /build entity has the capacity to complete the
project;
(5) Provision for a declaration certifying that applying members of the
design /build entity have not had a surety company finish work on any project
within the last five years;
(6) Provision for information and a declaration providing details
concerning at least the following:
(a) Any construction or design claim or litigation totaling more than five
hundred thousand dollars or five percent of the annual value of work
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performed, which ever is less, settled or filed against any member of the
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design /build entity over the past five years,
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(b) Serious violations of the Occupational Safety and Health Act, as
provided in Part 1 (commencing with Section 6300) Division 5 of the Labor Code,
settled or filed against any member of the design /build entity,
(c) Violations of federal or state law, including, but not limited to, those
laws governing the payment of wages, benefits, or personal income tax
withholding, or Federal Insurance Contribution Act (FICA) withholding
requirements, State Disability Insurance withholding, or unemployment insurance
payment requirements, settled or filed against any member of the design /build
entity over the past five years,
(d) Information required by Section 10162 of the Public Contracts
Code,
(e) Violation of the Contractor State License Law (Chapter 9)
commencing with Section 7000 (a Division 3 of the Business and Professions
Code), excluding alleged violations or complaints,
(f) Any criminal conviction or finding of liability or settlement in a civil
action involving any member of the design /build entity of submitting a false or
fraudulent claim to a public agency over the past five years,
(g) Provision for a declaration that the design /build entity will comply
with all other provisions of law applicable to the project,
f. The city council recognizes design /build entity is charged with
performing both design and construction. Because a design /build contract may
be awarded prior to the completion of a design, it is often impracticable for the
design /build entity to list all subcontractors at the time of the award. As a result,
a subcontractor listing requirement can create a conflict with the
implementation of the design /build process by requiring all subcontractors to be
listed at time when a sufficient set of plans may not be available. It is the intent
of the city council to establish a clear process for the selection and award of
subcontracts entered into pursuant to this section in a manner that maintains
protection for subcontractors while enabling design /build projects to be
administered in an efficient fashion. Therefore, the following requirements shall
apply, at a minimum, to subcontractors, licensed pursuant to Chapter 9
(commencing with Section 7000) of Division 3 of the Business and Professions
Code, that are employed in design /build projects undertaken pursuant to this
section:
i. The public works department, and each design /build request for
proposal, may identify types of subcontractors, by subcontractor license
classification that will be listed by the design /build entity at the time of the
submission of proposal. In selecting the subcontractors that will be licensed by oFg "KFem
the design /build entity, the public works department shall limit the identification = m
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to only those licensed classifications deemed essential for proper completion of
the project. All subcontracts that were not listed by the design /build entity at the
time of the submission of proposal shall be awarded in accordance with
subsection (D) (5) (f) (ii) of this section.
ii. All subcontracts that were not to be performed by the design /build
entity in accordance with subsection (D)(5)(f)(ii) of this section shall be
competitively bid and awarded by the design /build entity in accordance with
the design /build process set forth by the department in the design /build
package.
g. Any design /build entity that is selected to design and build a
project pursuant to this section shall possess or obtain sufficient bonding as
required by law. Nothing in this section shall prohibit a general or engineering
contractor from being designated the lead entity on a design /build entity for
the purposes of purchasing necessary bonding to cover the activities of the
design /build entity.
6. When the city council determines by resolution that work, supplies,
equipment or materials are not available from local vendors and that it is in the
best interests of the city, and to the city's economic advantage that such work,
supplies, equipment or materials be obtained at the lowest possible cost for the
quality needed by entering into a city, county, state or federal government
cooperative procurement contract that was competitively awarded by another
governmental agency within the last 36 months.
7. When a local vendor or company has successfully obtained a
contract that was competitively awarded by another governmental agency
within the last 36 months as a participant in a cooperative procurement
contract, the city council may determine by resolution to dispense with bidding
requirements for work, supplies, equipment or materials by participating in the
cooperative procurement contract that was competitively awarded to the
local vendor or company within the last 36 months.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the
Bakersfield Municipal Code and shall become effective thirty (30) days from and
after the date of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted
by the Council of the City of Bakersfield at a regular meeting thereof held on
SEP 0 7 2016 , by the following vote:
✓ ✓ ✓ ✓ ✓ ✓
AYES COUNCILMEMBER: RIVE✓RA, MAXWELL, WEIR, SMITH, HANSON, SULLIVAN, PARLIER
COUNCILMEMBER: _hi6
ABSTAIN: COUNCILMEMBER: _miI M
ABSENT: COUNCILMEMBER: �j o
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`v ROBERTA GAFFORD, CMC
CITY CLERK and EX OFFICIO Clerk of the
Council of the City of Bakersfield
APPROVED: SEP 0 7 2016
Bye 7
HARVEY L. HALL, Mayor
City of Bakersfield
APPROVED AS TO CONTENT:
FINANCE DEPARTMENT
By:
61 NELSON A. SM H
Finance Director
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney �1
SHUA H. RUDNICK
eputy City Attorney
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
ROBERTA GAFFORD, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 9th day of September, 2016 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4860, passed by the
Bakersfield City Council at a meeting held on the 7th day of September. 2016 and
entitled:
AN ORDINANCE AMENDING CHAPTER 3.20.60 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO REVENUE AND
FINANCE.
ROBERTA GAFFORD
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By
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