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HomeMy WebLinkAbout1435ORDINANCE NO. 1435 (2003 Series) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING CHAPTER 3.24, ARTICLE III OF THE MUNICIPAL CODE TO PROVIDE FOR THE USE OF JOB ORDER CONTRACTING AND ALTERNATIVE BIDDING PROCEDURES FOR PUBLIC CONSTRUCTION PROJECTS WHEREAS, the citizens of San Luis Obispo approved Measure L -02 on November 5, 2002, which amended the City Charter to authorize the use of job order contracting for maintenance - related projects as provided under Section 20128.5 of the Public Contract Code and alternative bidding procedures as provided under Section 22000 of the Public Contract Code ( "Uniform Public Construction Cost Accounting Act ") for public construction projects; and WHEREAS, Section 901 (E) and (F) of the City Charter states that the Council shall establish by ordinance guidelines for the use of such contracts and procedures. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis Obispo as follows: SECTION 1. Article III of Chapter 3.24 of the Municipal Code of the City of San Luis Obispo is hereby amended as set forth in Exhibit A. SECTION 2. A summary of this ordinance, approved by the City Attorney, together with the names of the Council members voting for and against it, shall be published at least five days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance will go into on effect at the expiration of thirty (30) days after its final passage. INTRODUCED on April 15, 2003 AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on May 6, 2003 on the following roll call vote: AYES: Council Members Ewan, Schwartz, and Settle, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: None The foregoing ordinance was adopted this 6"' day of May 2003. ATTEST: Lee Price, .M.C. City Clerk Mayor David F. Romero I hereb y certify that this document is a true and accurate copy of Ordinance No. I Li 55 and that the ordinance was a N'haraler l that t e ordinance , Published Pursue uannt 602. � ` Clerk 01435 Ordinance No. 1435 (2003 oeries) Page 2 APPROVED AS TO FORM lie i► . v / ilbert A. Trujillo, Acting City Attorney Ordinance No. 1435 (2003 Series) Exhibit A Amendment To Formal Contract Procedures Chapter 3.24 of the Municipal Code ARTICLE III. FORMAL CONTRACT PROCEDURE 3.24.140 Requirements for purchase. Except as otherwise provided in this chapter, purchases and contracts for supplies, services, equipment and construction projects, which are equal to or in excess of the bid requirement amount specified by council resolution, shall be by written contract with the lowest responsible bidder pursuant to the procedures prescribed in this article. 3.24.145 Job order contracting. As provided in Section 901 (E) of the Charter, the city may perform maintenance - related construction projects for repair, remodeling or other repetitive work under a unit -price contract for all necessary labor, materials and equipment, subject to the following conditions: A. Such contracts are secured on a competitive basis in accordance with the procedures set forth in this Article; B. No new construction will be performed under such contracts; C. The specifications for such contracts provide for unit -price terms for all work that will typically be performed under individual Task Orders; D. The specifications for such contracts establish any limits on the amount of individual Task Orders to be issued under the contract; or on any minimum or maximum cumulative amounts of Task Orders to be issued under the contract. E. The council will specify limits on the authority to approve individual Task Orders by resolution. 3.24.150 Bids - Notice of invitation and submission. A. Notices inviting bids shall include, but not be limited to, the following: 1. A general description of the item(s) or service(s) to be purchased, or the public work to be constructed or improved; 2. The location where bid blanks and specifications may be secured; 3. The time and place assigned for the opening of sealed bids; 4. The type and character of bidder's security required, if any; and 5. The location and deadline for submission of bids. B. Notices inviting bids shall be made as follows: 1. For supplies, services and equipment, notices inviting bids shall be published at least once in the official newspaper of the city, with the first publication occurring at least ten calendar days before the date of opening the bids. Ordinance No. 1435 (2003 Series) Exhibit A Amendment To Formal Contract Procedures 2. For construction projects below an amount specified by council resolution, notices inviting bids shall be mailed to a list of qualified contractors, identified according to categories of work, at least ten calendar days before the bids are due. The City Engineer is responsible for developing and maintaining this list based on the criteria determined by the California Uniform Construction Cost Accounting Commission (hereinafter referred to as Commission in this Chapter). Notices shall also be mailed within ten calendar days before the bids are due to all construction trade journals as required by the Commission. If the city does not have a list of qualified contractors for the particular type of work to be performed, notices inviting bids will only be sent to the construction trade journals as required by the Commission. If the product or service is proprietary in nature and can only be obtained from a certain contractor or contractors, notices inviting bids will only be mailed to such contractor or contractors. 3. For construction projects above an amount specified by council resolution, notices inviting bids distinctly describing the project be published at least once in the official newspaper of the city, with the first publication occurring at least fourteen calendar days before the date of opening the bids. Notices inviting bids distinctly describing the project shall also be mailed at least thirty calendar days before the date of opening bids to all construction trade journals as required by the Commission. 4. The city may also give such other notice as it deems appropriate. C. Sealed bids shall be identified as bids on the envelopes and shall be submitted to the purchasing authority. 3.24.160 Bids - Security requirement. Bidder's security may be required when deemed necessary by the purchasing authority. Bidders shall he entitled to return of bid security. However, a successful bidder shall forfeit his bid security upon refusal or failure to execute a contract within fifteen days after notice of award of that contract, unless the city is responsible for the delay. The contract may be awarded to the next lowest responsible bidder upon the refusal or failure of the successful bidder to execute the contract within the time herein prescribed. 3.24.170 Bids - Opening and retention. Sealed bids shall be opened in public at the time and place stated in the notice inviting bids. A tabulation of all bids received shall be made available for public inspection until the award of a contract. All bids shall be retained on file for a period of not less than two years. 3.24.180 Bids - Rejection. The purchasing authority may reject: A. Any bid that fails to meet the bidding requirements in any respect; or Ordinance No. 1435 (2003 Series) Exhibit A Amendment To Formal Contract Procedures B. All bids, for any reason whatsoever, and may readvertise for new bids or abandon the purchase. C. In the case of construction projects, the council may, by passage of a resolution by a four - fifths vote, declare that the project can be performed more economically by employees of the city and may have the project done by force account. 3.24.185 Bids — None received. If no bids are received, the purchase may be made through negotiated contract or other process approved by the purchasing authority, including, in the case of construction projects, performing the work by employees of the city by force account. 3.24.187 Bids for construction projects — In excess of limit. In the event that all bids received for a construction project are more than the maximum allowed under Section 22034(f) of Public Contract Code, and bids were invited pursuant to the provisions of Section 3.24.150(B.2), the Council may, by adoption of a resolution by four - fifths vote, award the contract, in an amount not to exceed the maximum set forth in Section 22034(f) of Public Contract Code, to the lowest responsible bidder, if it determines that the cost estimate was reasonable. Otherwise, the bids shall be rejected; and if the agency decides to go forward with the project, shall be re -bid in accordance with the procedures set forth in Section 3.24.150(B.3). 3.24.190 Contract award. Subject to the prior approval of the city administrative officer, contracts shall be awarded by the purchasing authority to the lowest responsible bidder, except as follows: A. If, at the time of bid opening, two or more bids received are for the same total amount or unit price, quality and service being equal, and if in the discretion of the purchasing authority the public interest will not permit the delay of readvertising for bids, then the purchasing authority may accept the one she or he chooses or the lowest bid obtained through subsequent negotiation with the tie bidders. B. Sellers, vendors, suppliers and contractors who maintain places of business located within the limit of the city shall be given preference if quality, price, service and all other factors are equal. 3.24.200 Requiring bond of successful bidder. The purchasing authority may require as a condition to executing a contract on behalf of the city, a performance bond or a labor and material bond, or both, in such amounts as the purchasing authority shall determine appropriate to protect the best interests of the city. The form and amounts of such bond(s) shall be described in the notice inviting bids. ��� �� �i �1G� -'n c �- Ordinance No. 1435 (2003 Series) Exhibit A Amendment To Formal Contract Procedures 3.24.210 Determination of lowest responsible bidder. In addition to the bid or quotation price, criteria for determining the lowest responsible bid or quotation, for the purposes of the Charter and this chapter, shall include, but not be limited to, the following: A. The character, integrity, reputation, judgment, experience and efficiency of the bidder (this may include an analysis of previous work performed for the city); B. The ability of the bidder to perform the contract, or provide the supplies, equipment or services required, within the time specified, without delay or interference; C. The ability of the bidder to provide future maintenance, repair parts and replacement of purchased equipment or supplies; D. Compliance by the bidder. with federal acts, executive orders and state statutes governing nondiscrimination in employment; and E. The results of any evaluation relating performance and price, such as testing, life -cycle costing, and analysis of service, maintenance and technical data.