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. ,
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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)'
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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
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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.
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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
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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,.'
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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,
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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 DEC 1 4 2005,
by the following vote:
(AYES)
NOES:
ABSTAIN:
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cOUNclLMEMBER MAGGARD, CARSON, BENHAM, COUCH, HANSON, SULLIVAN, SCRIVNER
cOUNclLMEMBER
cOUNclLMEMBER
cOUNclLMEMBER '\-\Q,,,,,')~-.r--"
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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
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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
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