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Home My WebLink AboutORD NO 3860ORDINANCE NO. 3 8 6 0 AN ORDINANCE REPEALING SECTION 3.20.065 AND SUBSTITUTING A NEW SECTION 3.20.065 AND AMENDING SUBSECTION C OF SECTION 3.20.068 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE DETERMINATION OF RESPONSIBLE BIDDERS AND BID PROTEST. WHEREAS, City desires to obtain for its citizens the best quality of work consistent with reasonable cost; and WHEREAS, in determining the lowest responsible bidder the City Council may consider any additional cost imposed on City for supervision, oversite, and administrative costs; and WHEREAS, quality is a factor of determining cost as good quality work will outlast and outperform poor quality; and WHEREAS, a responsible bidder will deliver good quality work in a timely manner without unreasonable burdens on City for additional supervision, oversite, and administrative costs. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 3.20.065 of the Bakersfield Municipal Code is hereby repealed and a new Section 3.20.065 is hereby added to read as follows: 3.20.065 Dispute Resolution Committee. A. The Vice Mayor, with the approval of the City Council, may appoint an advisory ad hoc Dispute Resolution Committee consisting of three (3) persons as follows: one (1) person from City staff and two (2) persons from private industry. All appointees to the Committee shall have experience and knowledge concerning the construction industry. The Vice-Mayor shall appoint the Committee Chairman. No member shall have any direct involvement with the dispute between the bidder or contractor. Each member of the Committee shall be appointed for one hearing only. -- Page ! of 4 Pages -- ORIGINAL B. The Dispute Resolution Committee shall hear issues referred by the City Council. If the issue involves whether or not a contractor is a responsible bidder the Committee may consider that a responsible bidder may include those contractors who have demonstrated the quality, fitness and capacity to perform under the terms and conditions of the contract including but not limited to: a consistent record of timely performance on similar work in the past, proven financial resources, proven technical proficiency, and the Committee may consider reviewing any past violations of law and regulations and past practices that resulted in additional costs to City. The Dispute Resolution Committee shall take evidence only on the issue of the contractor's quality of work and fitness and capacity to perform the contract as a responsible bidder. The City must show, by preponderance of the evidence, that the contractor is non-responsible. When the issue involves a bid dispute, the Committee shall receive evidence on the substance of the dispute in accordance with the rules set forth below and California law concerning the rights and responsibilities of bidders. C. The hearing before the Dispute Resolution Committee shall consist of a one- hour presentation by each side followed by a 15-minute closing presentation. No cross- examination of witnesses shall be allowed by any party. Questions by the Committee shall be allowed after both sides have completed their presentations. The Committee may, at its sole discretion, alter the procedures upon majority vote. D. Written material must be presented to each member of the Dispute Resolution Committee, and the opposing side, at least five (5) working days before the scheduled hearing. Any rebuttal written material must be given to the Dispute Resolution Committee at the time of the scheduled hearing. Rebuttal written material may not address any subject matter not specifically contained in the original materials submitted to the Dispute Resolution Committee. No other written material may be presented without the express authorization of the Committee. E The Dispute Resolution Committee shall issue a written advisory decision to the City Council setting forth their decision and its basis. Said decision shall be transmitted to the City Council for consideration at the next regularly scheduled City Council meeting following the issuance of the written decision, subject to agenda deadlines. The advisory decision shall be reviewed by the City Council who will then make the final decision. SECTION 2. Subsection C of Section 3.20.068 of the Bakersfield Municipal Code is hereby amended to read as follows: -- Page 2 of 4 Pages -- ORIGfNAL Section 3.20.068(C) Bid Protests. C. The City Council shall hear and determine the bid protest at the time the contract comes before the Council for award of the project and before awarding the project; provided, however, the City Council may by majority vote continue the matter to obtain additional information as the Council deems necessary or may refer the protest to the Dispute Resolution Committee for an advisory decision. The advisory decision of the Dispute Resolution Committee shall be reviewed by the City Council who will then make the final decision. SECTION 3. 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. .............. O00 .............. -- Page 3 of 4 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 AUG 2 6 1~ by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON, DEM.),~.~ SMITH, MCDERMOTT, ROWLES, SULLIVAN, SALVAGGIO COUNCiLMEMBER COUNCILMEMBER COUNCILMEMBER Council of the City of Bakersfield APPROVED: AUG 2 ~ CITY OF BAKERSFIELD APPROVED AS TO FORM: CITY ATTORNEY CARL HERNANDEZ~IIY--- ~ ASSISTANT CITY ATTORNEY ADD:dlr S:~COUNClL~)RD~alterdisputeord.dr2.wpd -- Page 4 of 4 Pages -- ORIGINAl 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 27th day of August ,1998 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3860 , passed by the Bakersfield City Council at a meeting held on the 26th day of August. 1998 , and entitled: AN ORDINANCE REPEALING SECTION 3.20.065 AND SUBSTITUTING A NEW SECTION 3.20.065 AND AMENDING SUBSECTION C OF SECTION 3.20.068 TO THE BAKERSFIELD MUNICIPAL CODE RELATING TO THE DETERMINATION OF RESPONSIBLE BIDDERS AND BID PROTEST. Is/PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY City Clerk S:\DOCUM EN'IAAOPOSTING August 27, 1998 0R~-INAL