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HomeMy WebLinkAbout4.04 Purchase Ord Revised STAFF REPORT CITY CLERK File #380-10 CITY COUNCIL DATE:August 21, 2012 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJECT: Adoption of Revised Purchasing Ordinance Chapter 2.36 of the Dublin Municipal Code Prepared by Erin Steffen, Administrative Analyst II EXECUTIVE SUMMARY: This is the second reading of an ordinance introduced at the regularly scheduled City Council meeting on July 17, 2012. The ordinance repeals the current Chapter 2.36, Purchasing, of the Dublin Municipal Code and adds Chapter 2.36, Purchasing, to the Dublin Municipal Code in order to adopt revised purchase thresholds, to address chapter organization, and to adopt alternative cost accounting procedures for public projects. The City Council will also be requested to adopt the authorizing resolution the implementation of the California Uniform Construction Cost Accounting (UPCCA). FINANCIAL IMPACT: There may be administrative savings as a result of a streamlined procurement process, reducing the number of purchases that require a staff report and City Council approval. RECOMMENDATION: Ordinance Staff recommends that the City Council waive the reading and adopt the revising Section 2.36 of the Municipal Code for the City of Dublin and Providing for Informal Bidding Procedures Under the Uniform Public Construction Cost Account Act (Section 22000, et seq. of Resolution the Public Contract Code); and adopt Authorizing the use of the Uniform Public Construction Cost Accounting Procedures for public project contracts. Submitted By Reviewed By Administrative Services Director Assistant City Manager ITEM NO. 4.4 Page 1 of 2 DESCRIPTION: At the July 17, 2012 City Council meeting, the City Council conducted a public hearing and introduced an Ordinance repealing the current purchasing ordinance (Chapter 2.36 of the Dublin Municipal Code) and adding Chapter 2.36, Purchasing, to the Dublin Municipal Code as part of a routine revision and modernization process. Staff has included the July 17, 2012 Staff Report (without attachments) for reference (Attachment 1). The revised Ordinance is included as Attachment 2. Some of the key revisions incorporated in the updated Ordinance include:  Updated purchasing limits consistent with practices in other public agencies.  All purchases continue to be subject to procedures and rules that require the items to be budgeted and purchases made in accordance with a documented process.  Staff is encouraged to seek bids from businesses in the City of Dublin (2.36.070 and 2.36.080) and in the event of a tie the local vendor would be given preference (2.036060(m) and (i)).  Direct purchases will be able to be made by Staff up to $5,000, whereas the current process imposes administrative requirements for all purchases under $1,000.  The City Manager will have the authority to approve general purchases up to $45,000 and public project contracts up to $100,000, instead of the current $20,000 limit.  Elimination of redundancies and clarification of City restrictions.  Adoption of the Uniform Public Construction Cost Accounting Act (UPCCAA) procedures for work defined under State Law as “public projects.”  Disposal of surplus items are handled under an administrative process. Staff has prepared a resolution in the form required by the State in order to become subject of the act and to adopt alternate bidding procedures for public projects under the UPCCAA program (Attachment 3). As noted in the Staff Report from July 17, 2012, this program allows the City to establish higher thresholds for the formal bidding of “public projects.” This will allow Staff to more efficiently complete the bidding process for “public projects” less than $100,000. Although the State Program establishes higher thresholds for the formal bidding, the City Purchasing Ordinance will impose a required formal bid for projects exceeding the $100,000 threshold. Staff will notify the California Uniform Construction Cost Accounting Commission upon the City Council’s adoption. The new ordinance will take effect 30 days after adoption. NOTICING REQUIREMENTS/PUBLIC OUTREACH: In accordance with Section 36933 of the Government Code fo California, the City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin. ATTACHMENTS: 1. July 17, 2012 Staff Report (without Attachments) 2. Ordinance Revising Section 2.36 of the Municipal Code for the City of Dublin and Providing Informal Bidding Procedures under the Uniform Public Construction Cost Account Act (Section 22000, et seq. of the Public Contract Code) 3. Resolution Authorizing the Use of the Uniform Public Construction Cost Accounting Procedures for Public Project Contracts Page 2 of 2 CITY CLERK STAFF REPORT File #380-10 CITY COUNCIL DATE:July 17, 2012 Honorable Mayor and City Councilmembers TO: FROM: Joni Pattillo, City Manager Adoption of Revised Purchasing Ordinance Chapter 2.36 Dublin Municipal Code SUBJECT: Prepared by Erin Steffen, Administrative Analyst EXECUTIVE SUMMARY: City Staff conducted a comprehensive review of the City’s “Purchasing” regulations as outlined in Chapter 2.36 of the Dublin Municipal Code. Included in the recommended revisions are increased thresholds for purchases that can be handled administratively. The organization of the code was also reformatted to eliminate redundancies and clarification of City restrictions. The proposed revision also incorporates the Uniform Public Construction Cost Accounting Act procedures for work defined under State Law as “public projects.” FINANCIAL IMPACT: There may be administrative savings as a result of a streamlined procurement process, reducing the number of purchases that require a staff report and City Council approval. RECOMMENDATION: Staff recommends that the City Council: 1) Open the public hearing; 2) Receive the Staff Report and public testimony; 3) Close the public hearing and deliberate; and 4) waive the reading and introduce the proposed ordinance revising Section 2.36 of the Municipal Code for the City of Dublin and Providing for Informal Bidding Procedures Under the Uniform Public Construction Cost Account Act (Section 22000, et seq. of the Public Contract Code). Submitted By Reviewed By Administrative Services Director Assistant City Manager DESCRIPTION: The current purchasing system is defined in Chapter 2.36 of the Dublin Municipal Code, and it was last revised in February 2000 (Attachment 1). City Staff has conducted a comprehensive review of the City’s “Purchasing” guidelines to: 1) Validate whether the current limits required updating; 2) Examine options for local purchase preferences; and 3) Identify opportunities to streamline the existing procurement process. ITEM NO. 6.2 Page 1 of 5 City Staff conducted the review by undertaking the following tasks: 1. Staff worked with the City Attorney and City departments specifically impacted by the proposed alterations to the “Purchasing” guidelines to examine areas for improvement; 2. Staff reviewed State Accounting Standards and options under State Law to revise thresholds for fortmal bidding; 3. Staff compared the City’s existing “Purchasing” guidelines with the procurement policies of nearby cities. Because of the comprehensive nature of the amendments, it is difficult to present a word for word tracking of the changes. To improve the administration of the purchasing function, sections were moved and new sections were also added. The Staff report will highlight the substanatative changes compared to the current ordinance and purchasing practices. The proposed Ordinace as Attachment 2. Upon final adoption, this ordinance will fully replace the current language in Chapter 2.36 of the Dublin Municipal Code. BASIC PURCHASE THRESHOLDS FOR BIDDING & AUTHORITY TO PURCHASE The table below is a comparison of current purchase value thresholds between the City of Dublin and nearby cities. COMPARISON OF SURROUNDING AGENCY PURCHASE LIMITS Dublin San Pleasanton Livermore Danville Ramon** City Up to Up to Up to Up to Up to Manager $ 19,999 $ 50,000 $ 100,000 $ 100,000 $ 25,000 Authority Price Exceeding Exceeding Exceeding Exceeding Exceeding Quotations $ 999 $ 10,000 $ 5,000 $ 5,000 $ 2,500 Required Formal Bid Exceeding Exceeding Exceeding Exceeding Exeeding (Excludes $ 500,000 $ 100,000 $ 50,000 $ 15,000 $ 19,999 Public Projects) Formal Bid - Exceeding Exceeding Exceeding Exceeding Exceeding Public $5,000 $500,000 $100,000 $5,000 $5,000 Projects ** The City of San Ramon is a Charter City and purchasing is governed by provisions of their Charter. Based on the comparison of nearby cities and staff feedback, City staff proposes that the purchase value thresholds be amended. Special provisions will apply to public projects and will be discussed later in this report. The following apply to general purchases of goods and services: 1. The purchase value limit associated with purchases allowed to be purchased from the nearest source without a required review of pricing would increase from $1,000 to $5,000. The ordinance and staff procedures encourage solicitation of competitive pricing; however, it is not a requirement. Page 2 of 5 2. The purchase value range associated with informal pricing would be applicable to purchases “greater than or equal to $5,000 and less than $45,000.” (Currently this applies to purchases between $1,000 and $19,999). 3. Currently City Council approval is required for purchases of $20,000 and greater. The proposed revision will increase the authority of the City Manager to approve purchases less than $45,000. (As discussed later for Public Projects the City Manager will have a higher limit). 4. Currently a formal sealed bid process is used for purchases in excess of $20,000. The revision will increase the threshold to purchases of $45,000 or greater. REORGANIZATION OF PURCHASING ORDINANCE - ADMINISTRATION The proposed revisions to Chapter 2.36 of the Dublin Municipal Code include three additional sections: 2.36.020 Definitions, 2.36.030 City Council Authority, and 2.36.050 Purchasing Agent Authority for Purchases Less than $45,000. The City has a decentralized purchasing system meaning that Staff throughout the organization are responsible for adhering to the requirements. Section 2.36020 (Definitions) will aid in consistent interpretation of the terms used within the chapter and assist purchasers in determining the classification of their purchase. Sections 2.36.030 (City Council Authority) and 2.36.050 (Purchasing Agent Authority for Purchases Less than $45,000) will detail the conditions under which the Purchasing Agent is authorized to contract for services. Other recommended revisions to Chapter 2.36 of the Dublin Municipal Code include a re- ordering of the sections in order to allow users to move through the document and be able to easily determine which sections apply to their procurement. Purchasing categories will appear in an uninterrupted sequence that allows the user to readily identify the applicable section. Exceptions and general considerations sections are re-ordered to follow the purchasing categories. Section 2.36.150 related to surplus supplies and equipment was also revised to allow for these activities to be handled administratively. Currently Staff presents a recommendation to the City Council to dispose of surplus items. The revised ordinance will allow Staff to handle these transactions and record them in the City’s financial records. INCORPORATION OF UPCCAA PROCEDURES FOR PUBLIC PROJECTS Under the City’s existing municipal code, which follows State Law (DMC Section 2.36.120), all “public projects” (non-maintenance building, street, or sewer work) over $5,000 are formally bid and let to the lowest responsible bidder, per Public Contract Code 20161 and 20162. The $5,000 limit under State law has not changed since the City was incorporated in 1982. The Uniform Public Construction Cost Accounting Act (UPCCAA) program offers an alternative threshold provided that the agency follows certain requirements and adopts a special resolution. Local agencies that have adopted the UPCCAA include the City of Pleasanton and the Dublin Unified School District. Under the UPCCAA program, enacted in 1983, local agencies must follow specific cost accounting procedures. Attachment 3 is a publication issued by the State Controller that provides an overview of the Act. The State Program allows agencies to use the following thresholds for “public projects”: Page 3 of 5 Project work of up to $45,000 by negotiated contract or purchase order in · accordance with local rules. Projects defined as “public work” costing between $45,000 and $175,000 may be · let to contract under informal procedures specified in the UPCCAA Policies and Procedures Manual. All projects over $175,000 must be bid in accordance with formal bidding · requirements. Implementation of the Uniform Public Construction Cost Accounting Act (UPCCAA) program would establish an opportunity to increase thresholds for formal public bidding administratively, using policies that are in keeping with State Accounting standards. This process is expected to expedite the time required to arrange for eligible projects to get underway and it will reduce paperwork relative to advertising and filing of staff reports. Actions required of the agency include formal election to become subject of the act and adoption of alternate bidding procedures. If the UPCCAA program is adopted by the City, required actions include advertisement of projects to a list of qualified bidders maintained by the City; additionally, each public project’s estimated and actual costs must be tracked under a unique project code number. The existing project accounting system in EDEN is able to track the necessary project costs. The State accounting requirements focus on costs of work performed by City forces. Since the City contracts applicable work already, the accounting should not be a significant burden. Section 2.36.160 of the revised Dublin Municipal Code (Attachment 2) includes language outlining the purchasing requirements under UPCCAA. At this time, Staff has proposed to have the City use a formal process for all projects over $100,000, in lieu of the $175,000 limit allowed under UPCCAA. This means that the City Council will formally award all contracts in excess of $100,000. For “public projects” between $45,000 and $100,000, Staff is proposing that the City Manager (Purchasing Agent) be authorized to award contracts. This is consistent with the informal bid procedures set forth in Section 2.36.160 of the proposed ordinance and in Section 22034 of the Public Contract Code. A resolution will be required to adopt the UPCCAA provisions. Since this will need to be effective with the new ordinance, this will be presented as part of the Staff Report at the time of the second reading of the ordinance. LOCAL VENDOR PURCHASING OPTIONS At the request of the City Council, the City Attorney reviewed options to include a purchase preference for local businesses. In researching the item, it was noted that this topic was previously researched by the City Attorney in 1999 and a report was presented to the City Council on May 5, 1999 (Attachment 4). The recommendation at that time was to not offer a local preference as it could be subject to a legal challenge. The City Attorney examined current legal opinions and laws and determined that their 1999 recommendation remained unchanged. Staff are encouraged to seek participation from local vendors. The current ordinance also allows the preference to a local vendor in the event of a tie. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None Page 4 of 5 1. Current Chapter 2.36 of the Dublin Municipal Code – Purchasing ATTACHMENTS: 2. Proposed Ordinance Revising Section 2.36 of the Municipal Code for the City of Dublin and Providing Informal Bidding Procedures Under the Uniform Public Construction Cost Account Act (Section 22000, et seq. of the Public Contract Code) 3. California State Controller FAQ - Uniform Public Construction Cost Account Act 4. May 5, 1999 City Council staff report (including City Attorney analysis) regarding Local Purchase Preferences Page 5 of 5 ORDINANCE NO. xx – 12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * * * * REVISING SECTION 2.36 TO THE MUNICIPAL CODE OF THE CITY OF DUBLIN AND PROVIDING INFORMAL BIDDING PROCEDURES UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNT ACT (Section 22000, et seq. of the Public Contract Code) WHEREAS, Chapter 2.36 (“Purchasing” guidelines) of the Dublin Municipal Code was last reviewed in February 2000; and WHEREAS, at the request of the City Council, Staff has reviewed the Purchasing Ordinance to streamline the existing procurement process and to reduce the number of purchases that require a staff report and City Council approval; and WHEREAS, implementation of the Uniform Public Construction Cost Accounting Act (UPCCAA) program would establish an opportunity to increase the new thresholds for formal and informal public bidding, using policies that are in keeping with State Accounting standards; and WHEREAS, Staff has identified proposed amendments to the Dublin Purchasing Ordinance; and WHEREAS, the exact text amendments are shown in Section 2 of this Ordinance. NOW, THEREFORE, the City Council of the City of Dublin does ordain as follows: SECTION 1: Chapter 2.36 of the Dublin Municipal Code is hereby deleted in its entirety. SECTION 2: A new Chapter 2.36 is hereby added to the Dublin Municipal Code to read as follows: Chapter 2.36 Contracts and Purchasing 2.36.010 Adoption of a purchasing system. 2.36.020 Definitions. 2.36.030 City Council approval of contracts and purchases. ATTACHMENT 2 2.36.040 Purchasing Agent designated. 2.36.050 Purchasing Agent authority for contracts and purchases—less than $45,000. 2.36.060 Purchasing Award—Factors to be considered for Responsiveness and Responsibility. 2.36.070 Contracts and Purchases of general services, supplies and equipment—less than $5,000. 2.36.080 Contracts and purchases of general services, supplies and equipment—more than or equal to $5,000 and less than $45,000. 2.36.090 City Council Authority for contracts and purchases— greater than or equal to $45,000 - Competitive Bidding. 2.36.100 Exceptions to Competitive Bidding. 2.36.110 Splitting orders prohibited. 2.36.120 Purchase orders. 2.36.130 Availability of sufficient funds. 2.36.140 Inspection and review. 2.36.150 Surplus supplies and equipment. 2.36.160 Public Projects. 2.36.010 Adoption of a purchasing system. A purchasing system is hereby adopted in order to establish efficient procedures for the procurement of services, supplies and equipment at the lowest possible cost commensurate with the level of quality required, to exercise financial control over purchases, and to clearly define authority for the purchasing function 2.36.020 Definitions. For the purposes of this Chapter, the words set out in this section shall have the following meanings: A. “Consultant or professional services” means the services rendered by architects, attorneys, engineers, doctors, financial consultants, planning or environmental consultants, investment advisors, bank or trustee officers, and other professional or specialized consultants. B. “Contract” means any agreement to do or not do a certain thing. For the purposes of this Chapter, “contract” and “agreement” are synonymous. The term “contract” includes, but is not limited to, a purchase order; a contract for services; an addendum or change order, which means a change or addendum to an executed contract; a letter agreement; and a memorandum of understanding. C. “Force Account” is a term used by the Uniform Construction Cost Accounting Procedures meaning an account which is used to account for work performed on public projects using internal resources, including but not limited to labor, equipment, materials, supplies, and subcontracts of the public agency. 2 D. “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. E. “General services” means and includes any work performed or services rendered by an independent contractor, with or without the furnishing of materials, including, but not limited to, the following: 1. Maintenance or nonstructural repair of City buildings, structures or improvements which does not require engineering plans, specifications or design, including, but not limited to, unscheduled replacement of broken window panes, fire extinguisher maintenance, minor roof repairs, plumbing, elevator maintenance, custodial services and pest control; etc. 2. Repair, modification and maintenance of City equipment and software; 3. Cleaning, analysis, testing, moving, removal or disposal (other than by sale) of City supplies and equipment; 4. Replanting, care or maintenance of public grounds, including, but not limited to, maintenance of trees, shrubbery, flowers, lawns; 5. Providing temporary personnel services; 6. Providing other miscellaneous services to facilitate City operations; 7. Performing repair, demolition or other work required to abate nuisances under this Code; 8. Licensing software services; 9. Leasing or rental of equipment (personal property) for use by the City; 10. Maintenance of equipment owned or leased by the City. “General services” does not include consultant or professional services, or work associated with a public project. F. “Goods of a technical nature” means hardware, software, or communications equipment, or any item that is substantially similar to the foregoing as determined by the Purchasing Agent. G. “Public project” shall have the meaning given that term by California Public Contract Code Section 20161 and the Uniform Construction Cost Accounting Procedures (“UCCAP”) set forth in the Uniform Public Construction Cost Account Act (“The Act”) and referenced in Section 2.36.160 of the Dublin Municipal Code H. “Supplies and equipment” means and includes tangible goods, supplies, equipment, vehicles, printing, materials, and furniture and furnishings purchased on behalf of the City. 2.36.030 City Council approval of contracts and purchases. City Council approval is required for all contracts and purchases unless otherwise specified by this Chapter or Code, or by another provision of federal or state law. 3 2.36.040 Purchasing Agent designated. The City Manager is designated as Purchasing Agent. The Purchasing Agent may delegate all or a portion of the contracting or purchasing duties to any City staff member. The Purchasing Agent shall have the authority to: A. Contract for or procure consultant or professional services, general services, supplies and equipment required by the City, in accordance with purchasing procedures outlined in this Chapter; B. Negotiate and recommend execution of contracts for the purchase of consultant or professional services, general services, supplies and equipment; C. Act to procure for the City the necessary quality in consultant or professional services, general services, supplies and equipment at the lowest cost to the City; D. Prepare and recommend to the City Council revisions and amendments to the purchasing rules; E. Establish and maintain such forms as are reasonably necessary to the operation of this Chapter; F. Supervise the inspection of all consultant or professional services, general services, supplies and equipment purchased to insure conformance with specifications; G. Pursuant to Section 2.36.150, arrange the sale or disposal of all supplies and equipment which cannot be used by the City, or which have become unsuitable for City use; H. Maintain a bidder’s list and other records necessary for the efficient acquisition of consultant or professional services, general services, and supplies and equipment; I. Join with other governmental agencies in joint purchasing endeavors where the purchasing procedures conform to the provisions of this Chapter and State law. 2.36.050 Purchasing Agent authority for contracts and purchases—less than $45,000. A. With the exception of public projects as defined in Section 2.36.020, the Purchasing Agent is authorized to enter into a contract on behalf of the City and approve a purchase by the City without the prior approval of the City Council, so long as the contract or purchase satisfies the following conditions: 1. The total cost is less than $45,000; 2. The monies have been appropriated; and 3. The contract or purchase is for consultant or professional services, general services, or supplies and equipment 4 B. In an emergency the Purchasing Agent may authorize the expenditure of any unencumbered monies in the emergency reserve fund, notwithstanding the fact that such moneys may not have been appropriated for such purpose, to the extent that said emergency funds have not been appropriated or are otherwise unavailable therefore. 2.36.060 Purchasing award—Factors to be considered for Responsiveness and Responsibility. The following factors shall be considered in determining the responsiveness of potential contracts and purchases and the responsibility of vendors and bidders in accordance with applicable law: A. The amount of the contract or the purchase price; B. The ability, capacity and skill of the bidder or vendor to perform the contract or provide the service required; C. The ability of the bidder or vendor to perform the contract or provide the service promptly, or within the time specified, without delay or interference; D. The reputation and experience of the bidder or vendor; E. The previous experience of the City with the bidder or vendor; F. The previous and existing compliance by the bidder or vendor with the laws and ordinances; G. The sufficiency of the bidder’s or vendor’s financial resources and ability to perform the contract or provide the service; H. The quality, availability, and adaptability of the supplies or contractual services to the particular use required; I. The ability of the bidder or vendor to provide future maintenance and service for the subject of the contract or purchase; J. The number and scope of conditions attached to the contract or purchase; K. The purchase of supplies, whenever feasible, containing the highest amount of postconsumer and recovered materials practicable. In all cases, these products must meet reasonable performance standards, and be readily available at a competitive price. In addition, all equipment bought, leased or rented shall, wherever feasible, be compatible with the use of other recycled products purchased by the City; 5 L. Compliance with any administrative policies referencing “green fleet” purchasing procedures; M. In the event that two or more potential contracts or bids are received from responsible bidders or vendors for the same total amount or unit price, quality and service being equal, preference shall be given to the local vendor, or the City Council may accept the lowest bid made by negotiation with the tie bidders and the Purchasing Agent. 2.36.070 Contracts and purchases of general services, supplies and equipment—less than $5,000. For purchases of general services or supplies and equipment of less than $5,000, informal quotations should be obtained, but are not required. Comparative pricing is expected to secure the lowest price. Negotiated pricing is allowed and departments are strongly encouraged to solicit quotations from City- based businesses. 2.36.080 Contracts and purchases of general services, supplies, and equipment— greater than or equal to $5,000 and less than $45,000. A. Purchases of general services, supplies and equipment greater than or equal to $5,000 and less than $45,000 shall, whenever possible, be based on at least three quotations. For purchases greater than or equal to $5,000 and less than $10,000, the quotations may be verbal or written. For purchases greater than or equal to $10,000 and less than $45,000, the quotations shall in writing, which writings may include facsimile and electronic mail transmissions. Quotations with the required documentation shall be submitted to the Finance Department for approval by the Purchasing Agent. Negotiated pricing is allowed and departments are strongly encouraged to solicit quotations from City-based businesses. The purchase of any general services, supplies and equipment greater than or equal to $5,000 and less than $45,000 shall be consistent with the factors stated in 2.36.060 and shall be made from the vendor that submits the lowest total cost. B. At the discretion of the Purchasing Agent, the competitive bidding procedure set forth in section 2.36.090 may be used for any acquisition of general services, supplies and equipment, regardless of the value. 2.36.090 City Council authority for contracts and purchases— greater than or equal to $45,000—Competitive bidding. City Council approval shall be required to authorize the contract for or purchase of any consultant or professional services, general services or supplies and equipment with a cost greater than or equal to $45,000. City Council authorization for purchases of general services and supplies and equipment with a cost greater than or equal to $45,000 shall comply with the 6 competitive bidding procedure set forth in this section, except as provided in Section 2.36.100. Bids should be obtained from one or more vendors located within the City whenever possible. A. Notices inviting bids shall include a general description of the services and/or articles to be purchased or sold, where bid blanks and specifications may be obtained, the time and place for bid openings, and whether a bid deposit or bond and a faithful performance bond will be required. B. Notices inviting bids shall be posted in at least three (3) public places in the City that have been designated by ordinance as the place for posting public notices, at least fourteen (14) calendar days before the date of opening the bids. C. The Purchasing Agent shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidder’s list and may advertise the notice inviting bids in applicable publications and websites readily accessible to the public. D. When deemed necessary by the Purchasing Agent or City Council, any bidder may be required to submit a bid deposit or bond in an amount determined by the Purchasing Agent or City Council. A successful bidder (and his surety, if a bond is furnished) shall be liable for any damages upon the bidder’s failure to enter into a contract with the City or upon the bidder's failure to perform in accordance with the tenor of his or her bid. E. When deemed necessary by the Purchasing Agent or City Council, any person or entity entering into a contract with the City may be required to furnish a faithful performance deposit or bond in an amount determined by the Purchasing Agent or City Council. F. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty (30) calendar days after the bid opening. G. At its discretion, the City Council may reject all bids presented and re-advertise for bids. H. Contracts shall be awarded by the City Council to the lowest responsive, responsible bidder, except as otherwise provided herein. I. If two or more bids received from responsible bidders are for the same total amount or unit price, quality and service being equal, preference shall be given to the local vendor, or the City Council may accept the lowest bid made by negotiation with the tie bidders and the Purchasing Agent at the time of the bid opening. 7 2.36.100 Exceptions to competitive bidding. A. Contracts or purchases involving the acquisition of consultant or professional services, are exempt from competitive bidding, however the procurement of such services shall be subject to the following: 1. Contracts or purchases involving the acquisition of consultant or professional services greater than or equal to $45,000 will require City Council approval. 2. With respect to contracts for or procurement of professional services from private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms, the Purchasing Agent shall establish administrative procedures to assure that such services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices in compliance with Government Code Section 4526 or its successor. 3. The Purchasing Agent may utilize a Request for Quotation or Request for Proposal, to insure the services are matched with the needs of the City. B. Any request for an exception under this subsection 2.36.100.B shall identify the nature of the contract or purchase, amount of the contract or purchase, and the reasons why competitive bidding is not feasible and shall be subject to City Council approval. The provisions of Sections 2.36.090 subject to City Council approval shall not apply to the following: 1. Where the City’s requirements can be met solely by a single patented article or process; 2. Situations where no bids have been received following bid announcements conducted pursuant to the provisions of this Chapter; 3. When an emergency requires that an order be placed with the nearest source of supply; 4. When a contract or purchase involves goods of a technical nature, where it would be difficult for a vendor to bid on a standard set of specifications, and the Purchasing Agent undertakes a thorough review of known products and a comparison of features which would most closely meet the City’s needs at the lowest cost; 5. For janitorial services for city buildings and facilities; 6. For maintenance and repair of buildings and facilities; 7. For maintenance and repair of public streets, including street sweeping; 8. Public Projects, pursuant to Article V of this Chapter; 9. When another public agency has administered a competitive bidding process and has a current valid agreement for the same or substantially similar consultant or professional services, general services, supplies or equipment; 10. When the City Council specifically waives the competitive bid process and authorizes staff to negotiate the purchase of vehicles by a four-fifths vote. 8 2.36.110 Splitting orders prohibited. The purchasing dollar limits set forth in this Chapter are determined on a per order basis. It is unlawful to split or separate into smaller orders the contract or purchase of general services, supplies and equipment for the purpose of evading the competitive bidding provisions of this Chapter. 2.36.120 Purchase orders. Purchases greater than or equal to $5,000 shall be documented by purchase orders prepared by the Purchasing Agent in accordance with adopted administrative policies. 2.36.130 Availability of sufficient funds. No purchase shall be transacted until it has been ascertained that there is, to the credit of the department of the City for whose benefit such purchase is to be made, a sufficient appropriated balance in excess of all unpaid obligations to defray the amount of such purchase. 2.36.140 Inspection and review. The Purchasing Agent shall require the inspection of supplies and equipment delivered, and contractual services performed, to determine their conformance with the specifications and requirements set forth in the purchase order or contract. 2.36.150 Surplus supplies and equipment. The Purchasing Agent shall establish administrative procedures for City departments to report all supplies and equipment which are no longer used or which have become obsolete or worn out. The Purchasing Agent shall have the authority to sell, trade, exchange, dispose of, discard or destroy all said supplies and equipment. Such sales may be made by auction, negotiated sale, or otherwise, after receiving bids or proposals that provide the maximum return to the City, as determined by the Purchasing Agent. The Purchasing Agent shall have the authority to recommend to the City Council surplus supplies and equipment for donation, which donation shall be subject to City Council approval upon making the appropriate findings, including the requisite public purpose for such donation. At such times as determined by the Purchasing Agent, but at least annually, reports shall be prepared and submitted to the City Manager showing the disposition of surplus supplies and equipment. The report shall contain itemized information on the disposition of any item that had a purchase cost in excess of the capitalization threshold established by the City Manager or his or her designee for inclusion as an asset in the City financial records. 9 2.36.160 Public Projects. Public projects as defined by Uniform Public Construction Cost Accounting Act (§22000, et seq of the California Public Contract Code) shall follow the purchasing procedures as set forth in Section 22032 et seq. of the Public Contract Code. A. The purchase or contract for public projects less than $45,000 may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order. (Public Contract Code §22032) B. The purchase or contract for public projects less than $100,000 may be let to contract by informal procedures as set forth in Section 22032 et seq. of the Public Contract Code. 1. A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission. 2. Where a public project is to be performed, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with this section, and to all construction trade journals as specified by the California Uniform Constructions Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified; provided however: i. If there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the California Uniform Construction Cost Accounting Commission. ii. 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. 3. All mailing of notices to contractors and construction journals pursuant to this Section shall be completed not less than fourteen (14) calendar days before bids are due. 4. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and shall state the time and place for the submission of bids. 5. The Purchasing Agent is authorized to award informal contracts pursuant to this Section. 10 C. The purchase or contract for public projects greater than or equal to $100,000 shall be authorized by City Council and shall comply with the competitive bidding procedures set forth in Section 2.36.090. SECTION 3: This Ordinance shall take effect and be in force thirty (30) days from and after the date of its final adoption. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 39633 of the Government Code of California. PASSED, APPROVED, AND ADOPTED BY the City Council of the City of Dublin on this 21 day of August, 2012, by the following votes: AYES: NOES: ABSENT: ABSTAIN: _____________________________ Mayor ATTEST : ___________________________________ City Clerk 11 RESOLUTION NO. XX - 12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * AUTHORIZING THE USE OF THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING PROCEDURES FOR PUBLIC PROJECT CONTRACTS WHEREAS, prior to the passage of Assembly Bill No. 1666, Chapter 1054, Statues of 1983, which added Chapter 2, commencing with Section 22000, to Part 3 of Division 2 of the Public Contract Code, existing law did not provide a uniform cost accounting standard for construction work performed of contracted by local public agencies; and WHEREAS, Public Contract Code Section 22000 et seq., the Uniform Public Construction Cost Accounting Act, (“the Act”) establishes such a uniform cost accounting standard; and WHEREAS, the Commission established under the Act has developed uniform public construction cost accounting procedures for implementation by local public agencies in the performance of or in the contracting for construction of public projects; and WHEREAS, the City Council intends to adopt an ordinance amending Chapter 2.36 of the Dublin Municipal Code to incorporate changes consistent with the Act, which ordinance will take effect and be in force 30 days from and after the date of its adoption. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby elects under Public Contract Code Section 22030 to become subject to the uniform public construction cost accounting procedures set forth in the Act and to the Commission’s policies and procedures manual and cost accounting review procedures, as they may each from time to time be amended, and directs that the City Clerk notify the State Controller forthwith of this election. BE IT FURTHER RESOLVED that this Resolution shall take effect and be in force thirty (30) days from and after the date of its adoption. st PASSED, APPROVED AND ADOPTED this 21 day of August, 2012, by the following vote: AYES : NOES : ABSENT : ABSTAIN : ______________________________ Mayor ATTEST : _________________________________ City Clerk ATTACHMENT 3