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HomeMy WebLinkAboutORD NO 4285 ORDINANCE NO. "'285 AN ORDINANCE AMENDING SECTIONS 3.20.060, 3.20.090, 3.20.100, AND 3.20.105 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO BIDDING AND CONTRACT PROCEDURES. BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 3.20.060 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, 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. , ~"'. >-- C:\DOCUME-1 \dwagner\LOCALS~1\Temp\3_20.060-Etc_BiddingAgrProceduresAmdFnL 12-5-0S.doc DecemberS,200S t:~ . , ","'-""'1 ;'.'-";,-. ,- Page 1 of 8 Pages -- 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: (1) 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. (2) (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: (i) Possession of all required licenses, registration, and credentials in good standing that are required to design and construct the project; (Ii) 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)' C:\DOCUME-1\dwagner\LOCAlS-1 ITemp\320.060-EtcBiddingAgrProceduresAmd.Fnl.12-5-.D5.doc DecemberS, 2005 -- Page 2 of 8 Pages -- training to competently manage and complete the design and construction of the project; (iii) 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; (iv) 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; (v) 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; (vi) Provision for information and a declaration providing details concerning at least the following: (1) 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, (2) 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, (3) 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, (4) Information required by Section 10162 of the Public Contracts Code, (5) 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, (6) 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, (7) 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 c: IQOCUME -1 \dwagner\LOCAlS-1 \ T emp\3. 20, 060-Etc, BiddingAgrProceduresAmd, F nl, 12-5-0S.doc DecemberS, 2005 ,. Page 3 of 8 Pages -, 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: 1. 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 the design/build entity, the public works department 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)(2) of this section. 2. All subcontracts that were not to be performed by the design/build entity in accordance with subsection (D)(5)(f)(2) 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. Section 3.20.090 is hereby amended to read as follows: 3.20.090 Formal contract procedures. A. Except as otherwise provided in this chapter, the erection 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 forty thousand dollars and contracts for the purchase of concrete, fuel and asphalt with an estimated value greater than seventy-five thousand dollars shall be by written contract or order with the lowest responsible bidder pursuant to the procedure 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 days before the date of the opening of the bids. Notices shall be published at least once in a newspaper 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 prospective suppliers who have made a written request that their names be added thereto. 3. Bulletin Board, The finance department shall also advertise pending purchases by a notice posted on a public bulletin board in city hall. ,: C :\DOCUME -1 \dwagnar\L OCALS-1 \ T emp\3. 20. 060~Etc. BiddingAgrProceduresAmd. F nl. 12-5-05. doc DecemberS, 2005 -- Page 4 of 8 Pages -- C. Bidders Security, Except when inviting bids for the sale of supplies, equipment, or materials, a bid bond in an amount equal to ten percent of the bid shall be prescribed in the public notices inviting bids. When purchasing supplies, equipment, or materials, the finance director or designee at his or her discretion may prescribe in the public notices inviting bids an appropriate security deposit or other applicable bond in an amount not to exceed one hundred percent of the total bid price, Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit his bid security upon his refusal or failure to execute the contract within ten 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 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 lowest bidder, the amount of the lowest bidders 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 readvertises, the amount of the lowest bidders security may be used to offset the cost of receiving new bids and any difference between that bidders 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 submitted 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 business 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 readvertising for bids, the city council may in its discretion accept the one it chooses. F. Bonds. Except for work to be performed by citys own work forces, the following bonds shall be procured. In every contract for the erection of any public building or works, or in furnishing any supplies, equipment and materials for same, the city shall require a faithful performance bond in an amount equal to one hundred percent of the contract price issued by an insurer admitted to transact the class of surety insurance in the state of California and rated B+7 or better by A.M. Best Rating Service or an equivalent nationally recognized rating service, In addition to the above performance bond, in every contract for the erection of any public building or works, or in furnishing any supplies, equipment and materials for same, unless otherwise required by law, the city shall require a faithful labor and materials bond (payment bond) in an amount equal to one hundred percent of the contract price issued by an insurer admitted to transact the class of surety insurance in the state of California and rated B+7 or better by A.M. Best Rating Service or an equivalent nationally recognized rating service. G. Retention Percentage, Contract for the erection, improvement or repair of any public building or work shall specify that ten percent of the contract price shall be retained by the city from each progress payment; provided, however, on contracts of five hundred thousand dollars or more, once the work under the contract has been at least fifty percent completed to the satisfaction of the city engineer, the finance director C.\DOCUME-1\dwagner\LOCALS-1 ITemp\320.060-EtcBiddingAgrProceduresAmd.Fnl.12-S-0S.doc DecemberS, 2005 -- Page 5 of 8 Pages -- - '-'-'--'--- -...--------..--.----...,.'.,..---.- may direct that no additional retention or a retention of less than ten percent be withheld from future progress payments. H. Substitution of Securities. The provIsions of subsection G. notwithstanding, to the extent required by law, securities provided by the contractor may be substituted in lieu of any such retention. Section 3.20,100 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 estimated value in the amount of 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 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, be based on at least three quotes. C. Written Quotes. The finance director shall solicit written quotes from perspective vendors by telephone, written requests and by public notice posted on a public bulletin board in city hall for single purchases of more than ten thousand dollars and less than forty thousand dollars and one cent and for single purchases of concrete, fuel and asphalt of more than ten thousand dollars and less than seventy-five thousand dollars and one cent. 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 or less, except when: (1) written quotes have been obtained; (2) the amount involved is less than five thousand dollars and one cent 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 through 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 3.20.105 is hereby amended to read as follows: 3.20.105 Contract procedures. A. Amounts of Ten Thousand Dollars or Less, All contracts involving the purchase of services under which the city is obligated to pay ten thousand dollars or,.' C:\DOCUME-1 Idwagner\lOCALS-1\Temp\3.20.060-Etc_BiddingAgrProceduresAmdFnL 12-S-05.doc December 5, 2005 -- Page 6 of 8 Pages -- _..,~___~_ ~ ....",_ ____..no_~· less shall be set forth in writing, approved as to form by the city attorney, signed by a city department head and the finance director, and filed with the city clerk, B, Contracts of More than Ten Thousand Dollars and Less than Forty Thousand Dollars and One Cent. All contracts involving the purchase of services under which the city is obligated to pay more than ten thousand dollars and less than forty thousand dollars and one cent shall be set forth in writing, approved as to form by the city attorney, signed by the mayor, a city department head, the city attorney, the finance director, and filed with the city clerk. C. Amounts Over Forty Thousand Dollars. With the exception of contracts under the city's single-family residential rehabilitation program which are funded with federal funds, which do not exceed the city council-adopted maximum amounts, all contracts under which the city is obligated to pay more than forty thousand dollars, whether or not such amounts will be paid or reimbursed by a third party, shall be authorized only by the city council. Such contracts shall also require the signatures set forth in subsection B of this section. D. Amendment to Contracts. Any amendment or modification of any contracts subject to the provisions of this section shall be set forth in writing and signed as required by the applicable subsection of this section. Contracts requiring city council authorization, except for public works contracts, may only be amended by city council action. Except for public works contracts, amendments cumulatively exceeding the amounts set forth in subsection B of this section shall be authorized only by the city council. E. Public Works Contract Amendment. Each amendment to a public works contract (change order) exceeding an amount of ten thousand dollars or which, together with all other previously approved change orders for that contract, exceeds twenty-five percent of the original contract amount, must be authorized by the city council and shall require the signatures specified in subsection B of this section, regardless of whether the city's obligation under the original contract was for forty thousand dollars or more. Other change orders shall not require city council approval, but shall require the signatures specified in subsection B of this section. F. Representation Must Be in Writing, The city of Bakersfield shall not be bound by any representation of any officer, employee or agent of the city which would serve to create or amend a contract unless and until such representation has been set forth in writing and approved and signed as set forth in this section, G. Notwithstanding Paragraph C herein, contracts for the purchase of concrete, fuel and asphalt less than seventy-five thousand dollars and one cent shall not require City Council authorization, -------oCJo-------- C:\DOCUME-1\dwagnerILOCALS-1\Temp\3.2Q,060-Elc.BiddingAgrProceduresAmd. FnL 12-S-0S.doc December 5, 2005 n Page 7 of 8 Pages -- -_. ~---'.- -,,,_.- ._._...._.._~..._-_..'-~-_...-.-,._..,-,_. 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 DEC 1 4 2005, by the following vote: (AYES) NOES: ABSTAIN: (-~ v" v' V V V VC cOUNclLMEMBER MAGGARD, CARSON, BENHAM, COUCH, HANSON, SULLIVAN, SCRIVNER cOUNclLMEMBER cOUNclLMEMBER cOUNclLMEMBER '\-\Q,,,,,')~-.r--" ~ ¿f.ffiL CITY CLERK and EX OFFIC of the Council of the City of Bakersfield APPROVED: DEC 1 4 2005 By: HAR Y L. HALL, Mayor CITY OF BAKERSFIELD APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney /1 By ~'" ~4Á< R ERT M4H RFY Deputy City Attorney RMS:dll ,,""}', C.IDOCUME-1\dwagner\LOCALS-1\Temp\3.2006Q-Elc.BiddingAgrProceduresAmd FnL 12-5-05,doc December 5, 2005 -- Page 8 of 8 Pages -- AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA) ) ss. County of Kern ) PAMELA A. McCARTHY, 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 15th day of December ,2005 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 4285 passed by the Bakersfield City Council at a meeting held on the 14th day of December, 2005 and entitled: AN ORDINANCE AMENDING SECTIONS 3.20.060, 3,20.090, 3,20,100 AND 3,20,105 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO BIDDING AND CONTRACT PROCEDURES PAMELA A. McCARTHY City Clerk and Ex Officio of the Council of the City of Bakersfield ( -kdc- S:\DOcUMENTlFORMS\AOP. ORD .wpd x 'òMê?, <.) ~ >- - I- r - I <..J I OÞlrm.'