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HomeMy WebLinkAboutORD NO 3214ORDINANCE NO. 3214 , NEW SERIES AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 3.20.060, 3.20.090 AND 3.20.100 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PURCHASING. BE IT ORDAINED by the Council of the City of Bakersfield as follows: hereby SECTION 1. Section 3.20.060 of the Bakersfield Municipal Code is 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 bid. Except as otherwise provided in this chapter, all bids shall be awarded by the City Council to the low- est responsible bidder submitting a responsive bid. D. Bidding exceptions. Bidding may be dispensed with pursuant to the procedures prescribed in this Section and Section 136 of the City Charter. 1. 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 ~]ecessity to successfully integrate such work, supplies, equipment or materials into an existing City project or system. 2. The City Council resurfacing, maintenance or repair can be performed more economically contracting for such work. determines that projects for the of streets, drains or sewers by a City department than by 3. The City Council, after rejecting bids,~ or if no bids are received, by a resolution adopted by at least four (4) affirmative votes declares that, in its opinion, based on esti- mates 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 economi- cally on the open market. 4. The City Council, by a resolution adopted by at least five (5) 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. SECTION 2. Section 3.20.090 of the Bakersfield Municipal Code is hereby amended to read as follows: 3.20.090 Formal contract procedures. A. Except as otherwise provided in this chapter, the erection, improvement or repair of any public building or works or in furnishing any supplies, equipment and materials for same or for any other use by the City with an estimated value greater than twenty thousand dollars ($20,000.00) shall be by written contract or order with the lowest responsible bidder pursuant to the proce- dure prescribed in this section. B. Notice inviting bids. Notices inviting bids shall include a general description of the articles to be purchased and shall state where bid forms and specifications may be secured and the time and place for opening bids. 1. Published notice. Notices inviting bids shall be published at least five (5) days before the date of the opening of the bids. Notices shall be published at least once in a news- paper of general circulation published in the city. 2. Bidders' list. The Finance Department shall also solicit sealed bids from responsible prospective suppliers whose names are on the bidders' list or from responsible prospec- tive suppliers who have made a written request that their names be added thereto. 3. Bulletin board. also advertise pending purchases bulletin board in City Hall. The Finance Department shall by a notice posted on a public - 2 - C. Bidder's security. A bid bond in an amount equal to ten percent (10%) of the bid shall be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall for- feit his bid security upon his refusal or failure to execute the contract within ten (10) days after the notice of award of con- tract has been mailed, unless in the latter event the city is solely responsible for the delay in executing the contract. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the City Council awards the contract to the next low- est 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. If the City Council rejects all other bids and re-advertises, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids and any difference between that bidder's bid and the price of the contract which is executed, and the surplus, if any, shall be returned to the lowest bidder. D. Bid opening procedure. Sealed bids shall be submit- ted to the Finance Department and shall be identified as "bids" on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular busi- ness hours for a period of not less than thirty calendar days after the bid opening. E. Tie bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re- advertising for bids, the City Council may in its discretion accept the one it chooses. F. Performance bonds. The City shall require a faith- ful performance bond in an amount equal to one hundred p.~rcent (100%) of the contract price issued by an insurer admitt.ed to transact the class of surety insurance in the State of California. G. Retention percentage. Contract for the erection, improvement or repair of any public building or work shall specify that ten percent (10%) of the contract price shall be retained by the City from each progress payment; provided, however, on con- tracts of $500,000 or more, once the work under the contract has been at least 50% completed to the satisfaction of the City Engineer, the Finance Director may direct that no additional retention or a retention of less than ten percent (10%) be with- held from future progress payments. - 3 H. Substitution of securities. The provisions of sub- section G. not withstanding, to the extent required by law securi- ties provided by the contractor may be substituted in lieu of any such retention. SECTION 3. Section 3.20.100 of the Bakersfield Municipal Code is hereby amended to read as follows: 3.20.100 Open market procedure. A. The erection, improvement or repair of any public buildings or works or in furnishing any supplies, equipment and materials for same or for any other use by the City with an esti- mated value in the amount of twenty thousand dollars ($20,000.00) or less may be made by the Finance Director in the open market pursuant to the procedure described in this section without observing the procedure prescribed in Section 3.20.090. B. Minimum number of quotes. Open market purchases shall., wherever possible, De based on at least three (3) quotes. C. Written quotes. The Finance Director shall solicit written quotes from prospective vendors by telephone, written request and by public notice posted on a public bulletin board in City Hall for single purchases of more than ten thousand dollars ($10,000.00) and less than twenty thousand dollars and one cent ($20,000.01). D. Records retention. The Finance Director shall keep a record of all open market orders and quotes for a period of two years after the submission of quotes or the placing of orders. This record, while so kept, shall be open to public inspection. E. Oral quotes. The Finance Director shall obtain oral quotes from prospective vendors for single purchases of ten thousand dollars ($10,000.00) or less, except when (1) written quotes have been obtained, (2) the amount involved is less than five thousand dollars and one cent ($5,000.01) and the Finance Director has determined more than one quote to be impractical, (3) bidding has been dispensed with in accordance with Section 3.20.060, or (4) the purchase is to be made though petty cash procedures. F. Petty cash. Purchases may be made through petty cash procedures prescribed by administrative rules and regulations. Neither bids or quotes shall be required for petty cash purchases. SECTION 4. This ordinance shall be posted in accordance with the City Charter provisions and shall be come effective thirty (30) days from and after the date of its passage. ........... o0o .......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on April 12, 1989 , by the following vote: AYES; COUNCIlMEMBERS: ~'~3~,~r-!-, OeMtfNU. SMITH, PATTY, PETcq$ON. McDERMOTT NOES: COUNCILMEMBERS: SE%lVE~ o ABSENT: COUNCILMEMBERS: Childs ABSTAINING: COUNCILME~BERS: None CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED ___April 12 , 1989 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: UR ~8~AA~ ~ EL D [ CITY ~NEY~ the City AJS/meg O ORD 4 PURCHASE1 3/22/89 Of Bakersfield - 5 - AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern) CAROL WILLIAMS, 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 24th day of April , 1989 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3214 City Council at a meeting held on the ~th and entitled: , passed by the Bakersfield day of April , 198--9_, AN ORDINANCE OF THE COUNCIL OF THE CITY OF BAKERSFIELD AMENDING SECTIONS 3.02. 060, 3.20.090 AND 3.20.100 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO PURCHASING. CAROL WILLIAMS CITY CLERK of the City of Bakersfield UEPUTY City Clerk NSAOPD