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HomeMy WebLinkAbout71.2 ORDINANCE NO. 71.2 AN ORDINANCE OF THE CITY OF SARATOGA ADDING ARTICLE 12-15 TO THE CITY CODE RELATING TO INFORMAL BIDDING PROCEDURHS The City Council of the City of Saratoga does ordain as follows: SECTION 1: Article 12-15, entitled "Informal Bidding on Public Projects," is hereby added to Chapter 12 of the City Code, to read as follows: "ARTICLE 12-15 INFORMAL BIDDING ON PUBLIC PROJECTS Sections: 12-15.010 Authority and purpose of Article 12-15.020 Definitions 12-15.030 Application of Article 12-15.040 List of qualified contractors 12-15.050 Notice inviting informal bids 12-15.060 Award of contracts *** S12-15.010 Authority and purpose of Article This Article is adopted pursuant to Article 3 of Chapter 2, Part 3, Division 2 (commencing with Section 21200) of the State Public Contract Code and constitutes an "informal bidding ordinance" as described in Section 21204 of said Code. The purpose of this Article is to establish an informal bidding procedure applicable to certain contracts for public projects as a result of the City having elected, by resolution of the City Council, to become subject to the uniform construction cost accounting procedures promulgated by the State Controller. S12-15.020 Definitions For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: (a) Commission means the California Uniform Construction Cost Accounting Commission, as created under Section 21100 of the Public Contract Code. (b) Public Contract Code means the Public Contract Code of the State of California. (c) Public project means any of the following, excluding maintenance work: -1- (1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any facility owned, leased or operated by the City. (2) Painting or repainting of any facility owned, leased or operated by the City. (d) Maintenance work includes all of the following: (1) Routine, recurring, and usual work for the preservation or protection of any facility owned or operated by the City for its intended purposes. (2) Minor repainting. (3) Resurfacing of streets and highways at less than one inch. (4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. (5) Work performed to keep, operate and maintain any water, power or waste disposal systems owned by the City, including, but not limited to, dams, reservoirs or power plants. (e) Facility means any plant, building, structure, ground facility, utility system, real property, streets and highways or other public work improvement. S12-15.030 Application of Article (a) This Article shall apply to pubiie projects in excess of Fifteen Thousand Dollars but not exceeding Fifty Thousand Dollars. Any public project of Fifteen Thousand Dollars or less may be performed by the employees of the City by force account, or by negotiated contract, or by purchase order, as authorized by Section 21202(a) of the Public Contract Code, unless the City Council shall specifically direct that the provisions of this Article be foliowe}] with respect to such project. (b) The provisions of this Article shall in no way restrict the right of the City to perform all necessary repair or replacement work in cases of great emergency, without adopting plans and specifications or giving notice for bids to let contracts, as authorized by and in accordance with the procedures set forth in Section 21205 of the Public Contract Code. S12-15.040 List of qualified eontraetors The City shall maintain a list of qualified contractors, identified aecording to categories of work. The list shall be developed and maintained in compliance with such minimum requirements as may be specified from time to time by the Commission. The Maintenance Director is hereby designated as the City official -2- having primary responsibility for the preparation and maintenance of the list of qualified contractors required by this Section. $12-15.050 Notice inviting informal bids (a) Where a public project is to be performed which is subject to the provisions of this Article, the Maintenance Director shall mail a notice inviting informal bids to all contractors for the category of work to be bid, as shown on the list described in Section 12-15.040, and to all construction trade journals for the category of work as determined by the Commission pursuant to Section 21206 of the Public Contract Code; provided, however: (1) If there is no existing list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting informal bids shall be sent only to the construction trade journals specified by the Commission; or (2) If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. (b) All mailing of notices to contractors and construction trade journals pursuant to Paragraph (a) of this Section shall be completed not less than ten days before bids are due. (c) The notice inviting informal bids shall describe the public project in general terms, shall indicate the name, address and telephone number of the person from whom detailed information concerning the project can be obtained, and shall state the time and place for the submission of bids. $12-15.060 Award of contracts (a) Contracts on_ which informal bids have been obtained pursuant to this Article shall be awarded in accordance with the same policies and standards customarily followed by the City for public projects requiring formal bids. (b) The City Council may, by resolution, delegate to the City Manager or the Maintenance Director or other designated employee of the City the authority to award any particular contract for which informal bids will be obtained pursuant to this Article." SECTION 2: If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be held invalid or unconstitutional -3- SECTION 3: This Ordinance shall be in full force and effect thirty days from and after the date of its passage and adoption. *** of Saratoga day of March , 1986, by the following vote: AYES: Co~mc±lmembers Callon, Fanell1, Hlava, Ivloyles and iv~ayor Cleven~rer NOES: None ABSENT: None ABSTAIN: None MAYOR' ATTEST: CITY CLERK The above and loregoing is a [rue and corre, copy of Ordinance _~/, 2. _ which has bee Published according to law. -4-