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HomeMy WebLinkAboutOrdinance 1849 (Informal Bidding Procedure Requirements)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -Officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1849 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 11.50 OF THE SAN RAFAEL MUNICIPAL CODE TO INCREASE THE MONETARY LIMIT FOR PUBLIC WORKS PROJECTS THAT MAY BE BID USING INFORMAL BIDDING PROCEDURES, AND TO CLARIFY CERTAIN BIDDING PROCEDURES" is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 16th day of April, 2007, published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City, held on the 7th day of Mav, 2007, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAINING: COUNCILMEMBERS Heller, Miller and Mayor Boro None Phillips Cohen, due to absence from public hearing of April 16, 2007. WITNESS my hand and the official seal of the City of San Rafael this 91h day of May, 2007 'JEANNE M. LEONCINI City Clerk ORDINANCE NO. 1849 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 11.50 OF THE SAN RAFAEL MUNICIPAL CODE TO INCREASE THE MONETARY LIMIT FOR PUBLIC WORKS PROJECTS THAT MAY BE BID USING INFORMAL BIDDING PROCEDURES, AND TO CLARIFY CERTAIN BIDDING PROCEDURES. THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. A. San Rafael Municipal Code Chapter 11.50, enacted in 1994, currently provides that a "minor" public works project, which may be contracted by the City using informal bidding procedures, shall not exceed a value of forty-four thousand dollars ($44,000), and that any public works projects valued in excess of that amount must be contracted using formal bidding procedures. The City Council finds that because of increased costs in the building industry since the adoption of the current provisions, an increase in the monetary limit used to categorize public works contracts as "minor," so as to allow for the use of informal bidding procedures, along with certain other clarifications and minor procedural changes to the City's bidding provisions, will increase the efficiency and decrease the overall costs of contracting for public works projects in the City. B. The City Council finds that from time to time there are circumstances in the City, such as an emergency or other unusual need for expediency, or a known unavailability of multiple contractors, such as for work of a highly specialized nature, where the requirement for seeking competitive bids is unnecessarily and unduly burdensome in respect to any public benefit to be gained by seeking competitive bids. The City Council finds that under such limited circumstances, the public interest would best be served by waiving the requirements for competitive bidding prior to entering into contracts for required public works. C. The City Council finds that the regulations adopted herein are exempt from the requirements of the California Environmental Quality Act ("CEQA") under Section 15061(b)(3) of the CEQA Guidelines, which exempts projects that clearly have no potentially significant adverse environmental impacts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 2. Section 11.50.020 of the San Rafael Municipal Code is hereby amended by amending subsections F and G thereof to read in their entirety as follows: F. "Major contract" means any contract let by the city for the performance of public works in an amount exceeding one hundred twenty-five thousand dollars ($125,000), or such other amount as may be established from time to time by resolution of the City Council. G. "Minor contract" means any contract let by the city for the performance of public works in an amount of one hundred twenty-five thousand dollars ($125,000) or less, or such other amount as may be established from time to time by resolution of the City Council. DIVISION 3. Section 11.50.090 of the San Rafael Municipal Code is hereby amended to read in its entirety as follows: 11.50.090 Exception to bidding requirement. Waiver. A. Contracts in an amount not exceeding thirty thousand dollars ($30,000) may be awarded and executed by the Director without recourse to the competitive bidding provisions of this chapter. 2 B. The City Council, after reviewing and considering the facts of a particular public works project, may waive the bidding requirements of this chapter by finding that any one or more of the following circumstances exist: 1. Limitations on the source or the scope and nature of the contract are such that no more than one (1) contractor is available to meet the technical specifications and/or quality considerations of the project. 2. The work is of a highly specialized nature. 3. There would be no competitive advantage to requiring bidding for the contract. 4. The cost of the work would be significantly increased or its completion significantly delayed. 5. There exist other specific considerations justifying the waiver of the bidding requirements. C. Contracts may be awarded and executed by the Director without recourse to the competitive bidding provisions of this chapter if he or she determines that an emergency exists which requires work to be performed within a shortened time frame. For purposes of this section, "emergency" means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. DIVISION 4. Section 11.50.110(C) of the San Rafael Municipal Code is hereby amended to read in its entirety as follows: C. Awarding Authority. Bids on major contracts shall be awarded by the City Council. Bids on minor contracts may be awarded by the Director. DIVISION 5. Section 11.50.170(A) of the San Rafael Municipal Code is hereby amended to read in its entirety as follows: A. Public Notice. Proposals shall be solicited from at least three (3) contractors by telephone, written request, or by public notice pursuant to Sections 11.50.140 and 11.50.150(A). The contract shall be awarded to the lowest responsive and responsible bidder and shall be based on at least three (3) bids or proposals where possible. DIVISION 6. 3 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 7: This Ordinance shall be published once in full before its final passage in a newspaper of general circulation, published, and circulated in the City of Sau Rafael, and shall be in full force and effect thirty (30) days after its final passage. k)10, B RT J. R , Mayor ATTEST: JE M. LEONCRft, City Clerk The foregoing Ordinance No. 1849 was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 16th day of April, 2007 and ordered passed to print by the following vote, to wit: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: Heller, Miller, Phillips and Mayor Boro None Cohen and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 7th day of May, 2007. JEXNNE M. LEONCNI, City Clerk 4