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HomeMy WebLinkAboutOrdinance 132 r. -a ORDINANCE NO. 132 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO ADDING CHAPTER ENTITLED INFORMAL PUBLIC CONSTRUCTION BIDDING ORDINANCE THE COUNCIL OF THE CITY OF ATASCADERO DOES ORDAIN AS FOLLOWS: SECTION 1. Chapter 13' of Title 2 is hereby amended to add Section 2-3.14 to 2-3. 22 of the Municipal Code to read as follows: Section 2-3.14 This Section hereinafter should read as follows: "Informal Bidding Ordinance". Section 2-3.15 Findings and Purpose. The City Council finds and declares: (A) It is in the public interest for the City to elect to , become subject to the uniform public construction cost accounting procedures adopted by the California Uniform Cost Accounting Commission pursuant to Public Contract Code Section 21000 et. seq. (Part 3, Chapter 2) . (b) Performance of City public works projects in accordance with the procedures will enable the City to perform public works projects with its own forces and/or by contracts awarded through informal bidding procedures when it is in the best interests of the City to do so. (c) It is the intent of the City Council that this Chapter govern the selection of contractors by the City through informal bidding procedures, in accordance with Public Contract Code Section 21204. SECTION 2-3.16. 'Responsibilities of Director of Public Works. The City Council hereby delegates the authority to award informal contracts, in accordance with this Chapter to the City Director of Public Works. SECTION 2-3.17. Development, Maintenance and Use of List of Qualified Contractors. (a) The City Director of Public Works shall develop a list of qualified contractors eligible to submit bids on informal contracts awarded by the City. In developing the list, the City Director of Public Works shall obtain from the Contractors State License Board, and from construction trade associations in the county, names and addresses of qualified contractors located in the county. 1 (ORD. NO. 132 , cont) • (b) The list shall be organized in accordance with the license classifications of the Contractor 's State License Board. (c) The City Director of Public Works shall publish annually, in all those construction trade journals identified by the Contractors State License Board in Accordance with Public Contract Code Section 21206, notice that the City has elected to become subject to the uniform public construction cost accounting procedures, that it maintains a list of qualified contractors to submit bids on informal contracts, and of the City office to contact for all information necessary for a qualified contractor to be included on the list. (d) Any licensed California contractor may upon request be added to the list at any time. (e) The City Director of Public Works shall develop and provide to contractors applying for inclusion on the list a simplified form requesting the applicant' s name, address, and California contractors license number and classification. SECTION 2-3.18. Plans, Specifications and Working Details. The City Council hereby delegates to the City Director of Public Works authority to prepare and adopt plans, specifications and working details for all informal contracts, .and directs the City Director of Public Works to develop plans, specifications and working details necesssary to enable a qualified contractor to perform the work required for each informal contract awarded. SECTION 2-3.19. Informal Contract Projects - Identifying and Inviting Bids. (a) The City Director of Public Works shall identify all City public works projects in excess of the monetary limits imposed by law for work performed on projects with the City' s own forces and less than the amount which required performance by contracts awarded after formal bidding, and shall accomplish such identified projects by informal contract. (b) Projects shall not be split to avoid any of the bidding requirements contained in the Uniform Public Construction Cost Accounting Act, Public Contract Code 21000 et. seq. (c) The City Director of Public Works shall mail notices inviting informal bids to all contractors on the list of qualified contractors, for the category of work being bid, and/or all construction trade journals specified in Section 2-3.17. (d) The City Director of Public Works shall complete the mailing of notices inviting informal bids, as required by this Section, not less than 10 calendar days before bids are due. (e) The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed in- formation about the project, and state the time and place for 2 (ORD. 132 , cont 'd) the submission of bids. SECTION 2-3.20. Opening of Bids and Award of Contract. At the time provided in the notice inviting informal bids, the City Director of Public Works shall open all bids timely received and shall award a contract to the lowest responsible bidder. If two or more bids are the same and lowest, the City Director of Public Works shall award the contract by drawing lots. If no bids are received, the City Director of Public Works may solicit informal bids again, or perform the work by City forces, as he/she determines to be in the best interest of the City. SECTION 2-3. 21. Procedure for Emergencies. The City Council hereby delegates to the City Director of Pubic Works the power to declare a public emergency, as defined in Public Contract Code Section 21205, and to accomplish repairs and/or replacements as permitted by the said section. Work shall be performed without the benefit of informal or formal bidding only so long as necessary to permit the continued conduct of essential City operations or services or to avoid danger to life or prop- erty. The City Director of Public Works shall provide a full report on the emergency and work peformed, at the next meeting of the City Council, at which time the City Council will determine appropriate action in accordance with Public Contract Code Section 21205, including but not limited to, whether work should continue without the benefit of informal or formal bidding. SECTION 2-3.22., Severability. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. On motion by COUNCILWOMAN NORRIS and seconded by COUNCILMAN HANDSITY , the foregoing ordinance is hereby adopted in its entirety by the following roll call vote: AYES: COUNCILMEMBERS HANDSITY, MACKEY, MOLINA, NORRIS & MAYOR NELSON NOES: NONE ABSENT: NONE DATE ADOPTED: 5/27/86 3 i�r (ORD. NO 132 , con*) 0 ATTEST: CITY F ATASCADERO ROBERT M. JONES ROLFE ELSO City Clerk Mayor APPROVED AS TO CONTENT: PAL SENSIBAUGH MICHA HELTON, Zity Manager Public Works Director APPROVED AS TO FORM: ROBERT M. JONES City Attorney 4 ADMINISTRATION BUILDING POST OFFICE BOX 747 - CITY ATTORNEY POST OFFICE BOX 606 ATASCADERO,CALIFORNIA 93423 r" ATASCADERO,CALIFORNIA 93423 PHONE: (805) 466.8000 PHONE: (805)466-4422 CITY COUNCIL �aseadeiC® �. CITY CLERK POLICE DEPARTMENT CITY TREASURER. INCORPORATED JULY 2. 1979 ATASCADERO.RO.OFFICEST CITY MANAGER CALIFORNIA 93423 ' PHONE: (805) 466-8600 ADMINISTRATIVE SERVICES DEPARTMENT COMMUNITY.DEVELOPMENT DEPARTMENT PUBLIC WORKS DEPARTMENT - FIRE DEPARTMENT PARKS AND RECREATION DEPARTMENT - 6005 LEWIS AVENUE ATASCADERO, CALIFORNIA 93422 �» PHONE: (805) 466-2141 Hon. Kenneth Cory State Controller CERTIFICATIOIJ I, CINDY WILKINS, Deputy City Clerk of the City of Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No 132 adopted by the Atascadero City Council at a regular meeting thereof held on May 27 , 1986 DATED: 6/11/86 CINDY WILKINS, Deputy City Clerk City of Atascadero , '2a�lif6rnia: cc: Public Works Dept. Finakce Dept.