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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