HomeMy WebLinkAboutORD NO 5187ORDINANCE NO. 5 1 8 7
ORDINANCE AMENDING SECTION 3.20.060 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO BIDDING.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 3.20.060 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 one hundred thousand dollars
or less, and contracts for the purchase of concrete, fuel and asphalt, the cost
of which is one hundred and fifty thousand dollars or less, may be performed
Ordinance Amending Section 3.20.060 Bidding.
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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, equipment or materials into an existing city project or system.
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 city manager or designee
may proceed pursuant to this section.
Ordinance Amending Section 3.20.060 Bidding.
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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 city manager
or designee in the solicitation proposals. The city manager or designee
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 city
manager or designee shall:
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.
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(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 city manager or designee 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;
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(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 performed, which ever is less,
settled or filed against any member of the design/build
entity over the past five years,
(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,
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(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 of 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 city manager or designee, 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 the design/build entity, the city manager or
designee shall limit the identification 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) (i) of this section shall be
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competitively bid and awarded by the design/build entity in
accordance with the design/build process set_ forth by the city
manager or designee 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 either within the last thirty -six -
months or is one -that is still active and valid.
7. When a local vendor or company has successfully obtained a contract that
was competitively awarded by another governmental agency either within the
last thirty-six months or is one that is still active and valid 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 either within the last thirty-six months or
is one. that is still active and valid.
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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Ordinance Amending Section 3.20.060 Bidding.
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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
ROV - 6 2024 by the following vote:
V"' V- v V ;-" GOf/
x c� COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
J LIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED: NOV - 6 2024
By:
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
+JO H. RUDNICK
City Attorney
JHR/enn
S:\COUNCIL\Ords\24-25\3.20.060.Bidding.Fni.docx
Ordinance Amending Section 3.20.060 Bidding.
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AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
County of Kern )ss.
JULIE DRIMAKIS, 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 18th day of November 2024 she posted on the
Bulletin Board at City Hall, a full, true and correct copy of the following:
Ordinance No. 5187, passed by the Bakersfield City Council at a meeting held
on the 6th day of November 2024 and entitled:
ORDINANCE AMENDING SECTION 3.20.060 OF THE BAKERSFIELD MUNICIPAL CODE
RELATING TO BIDDING.
JULIE DRIMAKIS, MMC
City Clerk.a_nd Ex Officio of the
Council--cif=the City of Bakersfield
DEP TY City Clerk
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