HomeMy WebLinkAboutORD NO 4027ORDINANCE NO. ,~ 0 ~ ~
AN ORDINANCE ADDING SECTION 3.20.006
TO THE BAKERSFIELD MUNICIPAL CODE
RELATING TO PRE-QUALIFICATION OF
BIDDERS.
WHEREAS, the City of Bakersfield desires that only qualified bidders be awarded
City projects; and
WHEREAS, City desires that such qualified bidders be identified prior to bid award;
and
WHEREAS, by pre-qualifying bidders the taxpayers and residents of the City of
Bakersfield will be better assured of high quality project results.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
SECTION 1.
Section 3.20.066 is hereby added to the Bakersfield Municipal Code to read as
follows:
3.20.066 Pre-Qualification of Bidders.
The City Manager, or designee, may, at the City Manager's or designee's
discretion, authorize a pre-qualification screening for potential bidders on
projects with an estimated value of $250,000 or more, or on any project
where the City Manager, or designee, determines special expertise,
equipment or materials are required to properly complete the project.
All prospective bidders shall receive written notification within a reasonable
period of time of the acceptance of their pre-qualification submittal or the
disqualification of such submittal. Should a prospective bidder be
disqualified in the pre-qualification process, that prospective bidder may
appeal the decision to the City Manager, or designee, upon written request
setting forth the specific reasons for the appeal with the City Clerk filed within
seven (7) working days of the mailing or delivery of the notice of
disqualification. The City Manager, or designee, shall hold a hearing within
three (3) working days of the filing of the notice of appeal and allow the
appealing prospective bidder an opportunity to be heard on the
disqualification. The appellant and City may present evidence, testimony
and information relevant to the disqualification. The City Manager~,,p?~?~'"
Page 1 of 3 Pages --
--
designee, shall issue a written decision after the conclusion of the hearing
and mail or cause to be delivered said decision to the appellant.
Should the prospective bidder be dissatisfied with the City Manager's, or
designee's, written decision the aggrieved bidder may appeal the same to
the City Council by filing a written notice of appeal setting forth the specific
reasons for the appeal with the City Clerk within 5 days of the mailing or
delivery of the decision by the City Manager, or designee. The City Council
shall hold a hearing on the disqualification within three weeks, or as soon
thereafter as possible, of receipt of the notice of appeal. Pending the
hearing before the City Council, the decision of the City Manager, or
designee, shall remain in full force and effect. Should the decision of the City
Manager, or designee, be reversed or revised by the City Council, the
decision shall take effect as of the date of the City Council's decision and
shall not be retroactive.
The decision of the City Council shall be final. Said decision shall be mailed
or delivered to all parties.
To the extent allowed by law, the information submitted by prospective
bidders shall remain confidential except on appeals to the City Council where
information used to decide the appeal will become public.
SECTION 2.
This Ordinance shall be posted in accordance with the Bakersfield Municipal Code
and shall become effective thirty (30) days from and after the date of its passage.
.......... 000 ..........
Page 2 of 3 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 SEP 5 t001 ,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBER CARSON, BENHAM, MAGGARD, COUCH, HANSON, SULLIVAN, SALVAGGIO
COUNClLMEMBER
COUNCILMEMBER ~, ~-
COUNCILMEMBER ~o~
CITY CLERK and EX OFFICl(j~of the
Council of the City of Bakersfi~d
APPROVED:
SEP 5 ~1
By:
CITY OF BAKERSFIELD
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
Deputy City Attorney
ADD:dlr:laa:cy:lsc
S:\COU NCIL\O rds\PreQualifyBidderOrd.wpd
-- Page 3 of 3 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 6th day of September , 2001 she posted on the Bulletin Board at
City Hall, a full, true and correct copy of the following: Ordinance No. 4027 , passed by
the Bakersfield City Council at a meeting held on the 5th day of September 2001
and entitled:
AN ORDINANCE ADDING SECTION 3.20.066 TO THE BAKERSFIELD
MUNICIPAL CODE RELATING TO PRE-QUALIFICATION OF BIDDERS.
/s/PAMELA A. McCARTHY
City Clerk of the City of Bakersfield
D E p~':i'y City'Clerk~~
S:\Docum ent\FORMS~AOP.ORD.wpd
September 6, 2001