REPORT TO THE CITY COUNCIL
May 10, 2018
FROM: SCOTT MOZIER, PE, Director
Public Works Department
BY: ROBERT N. ANDERSEN, PE, Assistant Director
Public Works Department
BILL HERR, Construction Manager
Public Works Department, Construction Management Division
SUBJECT
Title
BILL - (For introduction) - Replacing Section 4-104 of the Fresno Municipal Code and Rescinding Resolution No. 2003-130, Relating to Debarment
Body
RECOMMENDATIONS
Staff recommends the Council consider for introduction an Ordinance replacing Section 4-104 of the Fresno Municipal Code and Rescinding Resolution 2003-130, Relating to Debarment.
EXECUTIVE SUMMARY
In order to promote integrity in the City's contracting processes and protect the public interest, the City only conducts business with responsible bidders and contractors. Section 4-104 of the Fresno Municipal Code, which pertains to debarment procedures, is being recommended by staff for replacement in order to improve the delivery of construction projects for the community. Debarment refers to an action taken by the City which prohibits a bidder or contractor being able to bid, propose, receive a contract award or perform work on a City contract for a defined period of time.
The recommended changes to the ordinance would set forth the grounds for debarment and suspension, provide clear procedures for notifications to bidders or contractors, and improve the process for appeals and hearings related to debarment by incorporating the recently established Capital Projects Oversight Board into the process. The proposed changes also allow the City to establish a proactive process in which a contractor could be precluded from participating in future bids due to a history of poor performance.
BACKGROUND
At the present time, Section 4-104 of the Fresno Municipal Code states that "any bidder for a city contract who has been determined by the Council to be non-responsible may be debarred in accordance with a resolution...
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