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HomeMy WebLinkAbout910 - Ordinances - PROFESSIONAL SERVICE CONTRACTSORDINANCE NO. 910 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA AMENDING THE CHAPTER 3.08 OF THE RANCHO CUCAMONGA MUNICIPAL CODE REGARDING PROFESSIONAL SERVICE CONTRACTS AND CONTRACTS FOR PUBLIC PROJECTS UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT The City Council of the City of Rancho Cucamonga does ordain as follows: A. RECITALS 1. The City has adopted a central purchasing system, which is codified in Chapter 3.08 of the Rancho Cucamonga Municipal Code ("Municipal Code") and that contains among others, provisions regarding contracts for professional services and public works. 2. It is in the public interest to amend those provisions of Chapter 3.08 of the Municipal Code regarding contracts for professional services and public works to allow the City the greatest flexibility allows under state law. 3. Sections 37103 and 53060 of the Government Code allow the City to contract with professional for special services to the City with or without competitive bidding. 4. The Uniform Public Construction Cost Accounting Act, Public Contract Code §22000 et seq. ("UPCCAA") establishes a uniform cost accounting standard for construction work performed or contracted by local public agencies and authorizes local public agencies that elect to be subject to the UPCCAA to use informal bidding procedures for public works projects valued at $175,000 or less, or as the UPCCAA may be amended. The City Council has previously adopted a resolution electing for the City to be subject to the UPCCAA. 5. All legal prerequisites to the adoption of this Resolution have occurred. B. ORDINANCE Section 1. The City Council finds that the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Section 2. Section 3.08.070 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "3.08.070. - Bidding generally. A. Purchasing by bid process. Purchasing of supplies and equipment shall be by bid process pursuant to sections 3.08.080 and 3.08.090. However, bidding may be dispensed with upon adequate, specific documentation when one of the following conditions exists: 1. When, in the view of the city manager or the person acting in that capacity, an emergency requires that an order be placed with the nearest available source of supply; Ordinance No. 910 Page 1 of 7 2. When the amount involved is Tess than the open market amount established by resolution of the city council; 3. When the commodity can be obtained from only one vendor. A commodity shall be considered obtainable only from one vendor when only one vendor offers it for sale, lease or rental, or when only one vendor is able to do so within the time frame and/or under the terms and conditions which reasonably meet the needs of the using agency, or when there is a sole distributor or manufacturer of a product or service such that there is no acceptable substitute within a specific geographical area; 4. When there is to be a contract for professional services. Contracting for professional services may be conducted with or without a request for a proposal/qualification procedure. Awards of professional services contracts shall be made by the purchasing manager upon the request of the City Manager or Department Director when the same have been budgeted and for which sufficient funds have been appropriated. Awards of professional service contracts that exceed the dollar amount for approval by the City Manager shall be subject to approval of the City Council; 5. When, through cooperative purchasing with the state, the county, or other public agencies, the advantage of large-scale buying may be obtained; 6. When the purchase is beneficial to the interest of the city and is from a supplier who has been awarded a specific item or items in a contract resulting from a formal competitive bid process by another governmental agency within the state or by the federal government within the previous 365 days (one year); 7. When purchasing from or selling to another governmental agency utilizing purchasing agreements maintained by said governmental agency when such action is beneficial to the interests of the city; 8. When the city council determines by resolution it would be in the best interest of the city to dispense with bidding; provided, however, that the city council shall state the basis of its determination; 9. When there is a breakdown in essential machinery, essential services, or when unforeseen circumstances arise, including delays by contractors, delays in transportation, and unanticipated volume of work which requires the immediate attention of a professional or immediate service/repair in order to protect public health, safety or welfare. B. Additional requirements and prohibitions. 1. Notwithstanding any other term or provision hereof, no contract shall be awarded to any person, firm, partnership or corporation that does not have a city business license when required to possess the same pursuant to any provision of this Code. 2. No person shall be interested personally in any contract made hereunder (see Government Code § 1090 et seq.) or violative of the conflict of interest provisions of the city and/or the Political Reform Act, Government Code § 87100 et seq. 3. Contracts for services and public works projects Tess than the minimum amounts for public works bidding (see Public Contract Code § 20160 et seq.) may require the payment of prevailing wages pursuant to the Labor Code. 4. Bid splitting. It is unlawful to split or separate into smaller units, quantities, work orders, or projects any purchase of supplies, equipment or services for the Ordinance No. 910 Page 2 of 7 purpose of evading the provisions of this chapter pertaining to the purchase of supplies, equipment or services. C. Every person who willfully violates this section is guilty of a misdemeanor." Section 3. Section 3.08.080 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "3.08.080. - Formal bid procedure. Except as otherwise provided in this chapter, purchases of supplies, equipment or services of an individual estimated value greater than the established formal bid procedure amount shall be by written contract with the lowest or highest responsible bidder or the bidder who provides goods or services at the best value, as the case may be, pursuant to the procedures prescribed in this section. A. Notice inviting bids. Notices inviting bids shall include a general description of the articles to be purchased or sold, shall state where specifications may be obtained, and the date, time and location of when bids are due and will open. 1. Posted notices. Notices inviting bids shall be published at least ten days before the date of the bid opening on the city's website. Notices inviting bids, requests for proposals, or requests for qualifications for professional services may be posted, as available, during the solicitation process, if applicable 2. Bidder's list. The purchasing manager shall also solicit bids from responsible prospective suppliers whose names are on the bidder's list in accordance to the commodity or service category the prospective supplier has specified. B. Bidder's security. When deemed necessary by the purchasing manager, bidder's security may be prescribed in the public notice inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit the bid security upon refusal or failure to execute the contract within ten days after the notice of award of the contract has been mailed unless, in the latter event, the city is solely responsible for the delay in executing the contract. The city may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder or the bidder who provides goods or services at the next best value, with the bidder's security being applied to the amount of the contract price differential between the lowest bid and the second lowest bid, and the contract price differential, if any between the bidder who provides goods or services at the best value and the bidder who provides goods or services at the next best value, with the surplus, if any, returned to the lowest bidder or the bidder who provides goods and services at the best value. If the city rejects the remaining bids presented and re -advertises, the amount of the lowest bidder's security or the security of the bidder who provides goods and services at the best value, may be used to offset the cost of receiving new bids and the surplus, if any, shall be returned to the lowest bidder or the bidder who provides goods and services at the best value. C. Bid and proposal submission. Sealed bids shall be submitted to the purchasing agent and shall be identified as a bid on the envelope. Alternatively, bids and proposal submissions may be submitted electronically through the electronic bidding system that the city's purchasing divisions utilizes, unless the purchasing manager determines otherwise. Electronic bid and proposal submittals shall be to the purchasing agent in accordance with policies and procedures adopted by the city council for submission of electronic bids that ensure the identification, security and confidentiality of electronic bids. Sealed and electronic bid and Ordinance No. 910 Page 3 of 7 proposal responses and associated documentation will be on file in the city's purchasing division and shall be opened in public at the time and place stated in the public notice. The functionality of the electronic bidding system ensures that bid and proposal submissions remain unopened until the closing date and time of said submissions and that said submissions cannot be viewed by the public or city staff until the closing date and time. A tabulation of all bids received shall be available for public inspection during regular business hours after the bid opening. D. Rejection of bids. The city may reject any and all bids presented, re -advertise for bids or award a contract after negotiation for the most reasonable cost under existing conditions. The right to reject any and/or all bids is expressly reserved to the city and said decision shall be final. E. Determination of lowest responsible bidder. 1. Upon opening and tabulation of all bids received to determine the low bidder, the purchasing manager shall thereafter determine the lowest responsible bidder by applying the following criteria: a. For purposes of determining the lowest responsible bidder, there shall be deducted from the bid submitted by a local bidder all sales taxes which will be apportioned to and received by the city; b. The ability, capacity and skill of the bidder to provide the service or commodity required and to comply with all specified requirements in the bid document; c. The bidder's record of performance of previous contracts or services; previous failure to perform to city requirements may disqualify the bidder; d. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. 2. Whenever the purchasing manager determines that a bidder is not responsible pursuant to this section and the specifications of the notice inviting bids, the purchasing manager shall notify the bidder of said determination, in writing. The bidder may, within ten days after notice is given by the purchasing manager, appeal such determination to the city manager who shall conduct a public hearing to determine whether or not the bidder is a responsible bidder. The decision of the city manager shall be final. F. Determination of bidder providing best value. Upon opening and tabulation of all bids received to determine the bidder providing goods and services at best value, the purchasing manager shall thereafter determine the bidder providing best value by applying the following criteria: city's needs; bids. 1. The bid amount; 2. The quality of the bidder's goods or services; 3. The extent to which the bidder's goods or services meet the 4. Any relevant criteria specifically listed in the notice inviting G. Award of contracts. Except as otherwise provided in this chapter, contracts for supplies, equipment or services of a value requiring formal bid procedures shall be Ordinance No. 910 Page 4 of 7 awarded to either the lowest responsible bidder or the bidder providing goods and services at the best value. The purchasing manager shall have the authority to award contracts, including capital outlay items, which have been budgeted and for which there are sufficient funds appropriated. Contracts which exceed the appropriated amount, or which are not budgeted, shall not be awarded, except upon approval of the city council. H. Tie bids. If two or more bids received are for the same total amount or unit price, quality and service being equal or are of equal best values, the city may, in its discretion, accept either bid submitted. I. Performance security. A performance bond, certificate of deposit or cash may be required before entering into a contract, in such amount as is deemed reasonably necessary to protect the interests of the city. If performance security is required, the acceptable type and amount thereof shall be described in the notice inviting bids and, if a bond, the form of the bond shall be as determined by the city attorney." Section 4. Section 3.08.110 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "3.08.110. - Bidding for public projects. A. Public projects, as defined by the Public Contract Code § 22002 shall be bid, advertised, and awarded in accordance with the California Uniform Public Construction Cost Accounting Act ("UPCCAA"), as it may be amended from time to time. B. Contracts for public projects shall be awarded pursuant to the dollar limitations established by UPCCAA, which as of the effective date of this section are as follows: 1. Public projects of forty-five thousand dollars ($45,000) or Tess may be performed by City employees by force account, by negotiated contract, or by purchase order. 2. Public projects of one hundred seventy-five thousand dollars ($175,000) or Tess may be let to contract by informal bidding procedures as set forth in this section. 3. Public projects of more than one hundred seventy-five thousand dollars ($175,000) shall, except as otherwise provided in this article, be let to contract by formal bidding procedure. C. Public projects shall not be split or separated into smaller work orders for the purpose of evading the requirements of the UPCCAA. D. Contractors List. The City shall comply with the requirements of Public Contract Code Section 22034. E. Informal Bidding. Public projects eligible for informal bidding under the UPCCAA may be let to contract as follows: 1. A notice inviting informal bids shall be circulated using one or both of the following alternatives: Ordinance No. 910 Page 5 of 7 a. Notices inviting informal bids may be mailed, faxes, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with paragraph C of this section. b. Notices inviting informal bids may be mailed to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the City; provided however, 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. 2. The City Manager or his or her designee is authorized to award contracts at or below the dollar limitation applicable to informal bidding. 3. If all bids received through the informal bidding process exceed one hundred seventy-five thousand dollars ($175,000), the City Council of the public agency may, by adoption of a resolution by a four-fifths vote, award the contract, at one hundred eighty-seven thousand five hundred dollars ($187,500) or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable. F. Formal bidding. Bidding on all public projects subject to formal bidding, shall done in accordance with the procedures set forth in Public Contracts Code § 22037 et seq." Section 5. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. Section 6. The City Clerk shall certify as to the adoption of this Ordinance. Ordinance No. 910 Page 6 of 7 PASSED, APPROVED, AND ADOPTED this 21St day of June 2017. L. Dennis Michael, Mayor ATTEST: 0G42Lcic e . (la Janice C. Reynolds, City Clerk STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 7th day of June 2017, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 21St day of June 2017. AYES: Alexander, Michael, Spagnolo, Williams NOES: None ABSENT: Kennedy ABSTAINED: None Executed this 22nd day of June 2017, at Rancho Cucamonga, California. Janice C. Reynolds, City Clerk Ordinance No. 910 Page 7 of 7