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HomeMy WebLinkAboutOrdinance No. 2021-09ORDINANCE NO.2021-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING AND RESTATING ARTICLE VII, CHAPTER 2 OF THE AZUSA MUNICIPAL CODE RELATING TO BIDDING, CONTRACTING AND PURCHASES OF PROJECTS, SUPPLIES, SERVICES AND EQUIPMENT NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1: Article VII, Chapter 2 of the Azusa Municipal Code is hereby deleted in its entirety and restated to read as follows: "ARTICLE VII. - BIDDING AND CONTRACTING, AND OTHER PURCHASES OF PROJECTS, SUPPLIES, SERVICES AND EQUIPMENT Sec. 2-511. - Purpose. Sec. 2-512. - Definitions. Sec. 2-513. — Purchasing Agent —Powers and duties. Sec. 2-514. - City Council authorizes City Manager to implement administrative regulations; sign purchase orders, contracts and agreements. Sec. 2-515. - Purchase orders. Sec. 2-516. - Encumbrance of funds. Sec. 2-517. - Solicitation and bidding exceptions. Sec. 2-518. - Contracts. Sec. 2-519. - Bidding procedures. Sec. 2-520. - Special equipment/supplies; sole source purchases. Sec. 2-521. - Cooperative, piggyback and multiple awarded bid purchasing with other agencies. Sec. 2-522. - Recycled supply products specification. Sec. 2-523. - Emergencies. Sec. 2-524. - Local preference. Sec. 2-525. - Staging of purchases prohibited. Sec. 2-526. - Inspection and tests. Sec. 2-527. - General services. Sec. 2-528. — Uniform construction cost accounting procedures for public projects. Sec. 2-529. — Bidding procedures for various public project amounts. Sec. 2-530. — Adoption of plans. Sec. 2-531. — Negotiated contract or purchase order procedures. Sec. 2-532. — Informal bidding procedures. Sec. 2-533. — Formal bidding procedures. Sec. 2-534. — Rejection of bids. Sec. 2-535. — Emergencies; procedure. Sec. 2-536. — Staging of public works contracts. Sec. 2-537. — Bid protests. Sec. 2-538. — Award of professional, management, general or special services contracts based upon competence. Sec. 2-539. — Waiving of purchasing procedures. Sec. 2-540. — Design Build Authority. Sec.2-511. Purpose. The purpose of this article is to establish efficient procedures for the purchase of supplies, general services, professional services and equipment, and establish procedures for bidding and contracting of public works projects consistent with state law. These procedures shall be interpreted to not be overly time consuming and cumbersome, while allowing the City to obtain the best services, and acquire quality supplies and equipment in an overall economic manner at the lowest reasonable cost. The purpose of this article is to emulate best practices in municipal purchasing procedures. Sec.2-512. Definitions. (a) Bidder's List shall mean a list of responsible prospective vendors capable of providing the services or items being bid upon. (b) Cooperative Bid is when several government agencies join together to create one bid document combining all agencies product volume for consideration of the bidder in determining the unit cost. (c) Emergency for purposes of public projects shall have that meaning provided in California Public Contract Code Sections 22035 and 22050. (d) Equipment shall mean furnishings, machinery, vehicles, rolling stock, and other personal property used by the City in its operations. (e) General Services are services which do not require any unique skill, special background or training. Obtaining such services at the lowest cost should be the single most important factor in selection. Other factors may include personal performance and experience. Examples of general services include uniform cleaning and maintenance services. (f) Local vendor shall mean a firm or individual who for at least twelve consecutive months has regularly maintained a place of business in, or maintained an inventory of merchandise for sale in, and who pays appropriate business permit/license fees to, the city. (g) Maintenance Work shall have that meaning provided in Section 22002(d) of the Public Contract Code, as that Section may be amended from time to time, and shall include, but shall not be limited to, all of the following: Page 2 of 31 (1) Routine, recurring, and usual work for the cleaning, preservation, or protection of any publicly owned or publicly operated facility for its intended purposes. (2) Minor repainting. (3) Resurfacing of streets and highways at less than one (1 ") 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 publicly owned water, power, or waste disposal systems including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of two hundred thirty thousand (230,000) volts and higher. (h) Multiple Awarded Bid. When a bid is awarded to more than one vendor for the same or similar products or service. A multiple awarded bid schedule or description is usually developed and provides information of product type/brand, service and vendor needed to provide the product or service. (i) Piggyback. Use of another public agency's existing contracting and/or bidding procedures to purchase the same product(s) as outlined in the awarding bid document. 0) Professional, Management, or Special Services shall mean any work performed by an artist, attorney, doctor, architect, engineer, environmental consultant, land surveyor, construction manager, appraiser, expert, accounting firm, consultant or those services such as computer services, and transportation/transit operator services. Factors for determining whether professional, management, or special services are needed include but, are not limited to, services which require special performance criteria, specific experience and training, professional judgment, licensing, qualified expertise in a specific area of work, or other unique factors other than simply obtaining the service at the lowest cost to the City. Professional Management, and Special Services are not subject to the informal, formal or competitive bidding requirements of this article and may be procured through negotiated contract or Requests for Qualification and/or Proposal process as described in this article. (k) Public Works or Public Projects shall have that meaning provided in Section 22002(c) of the Public Contract Code, as that section may be amended from time to time. In this light, public works shall not include maintenance work. Public works shall include, but shall not be limited to, all of the following: (1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility. (2) Painting or repainting of any publicly owned, leased, or operated facility. (3) In the case of a publicly owned utility system, "public project" shall include Page 3 of 31 only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher. (1) Purchase shall include the renting, leasing, purchasing, licensing, or a trade of equipment or supplies. (m) Purchasing Agent for the purposes of this article, shall be the Administrative Service Director or his/her designee and is responsible for managing the decentralized purchasing program. (n) Purchasing Officer for the purposes of this article, shall be the City Manager or his/her designated representative. (o) Special Equipment/Supplies shall mean unique supplies, machinery, computers, or other equipment which are not generally and regularly ordered in bulk by the City and which must perform complex tasks, or integrate efficiently with existing equipment or supplies. (p) Supplies shall mean office supplies, janitorial supplies, materials, goods, tools, or other commodities used in the general conduct of the City's business, excepting supplies or materials for a public work which is regulated under the California Public Contract Code Sections 20160, et seq. (q) Uniform Construction Cost Accounting Procedures shall mean those procedures and rules established by the State Uniform Construction Cost Accounting Commission pursuant to Section 22010, et seq. of the California Public Contract Code or as amended. (r) Urgency shall exist when the service, repair, or replacements are immediately necessary to permit the continued performance of the operations or services of the City, or to avoid the immediate danger to life, health, or property. Sec. 2-513. Purchasing Agent - Powers and duties. The duties of the Purchasing Agent may be combined with those duties of any other officer or position in the City. The Purchasing Agent shall have the authority to: (a) Purchase or contract for needed City supplies, general services, equipment, and special equipment/supplies which are not included within a construction contract or proposed specifications for a construction contract of a public work being administered by any other City department; (b) Investigate, keep knowledgeable about, negotiate, and recommend on the execution of contracts or the purchasing of supplies, general services, and equipment pursuant to the procedures of this chapter, and such administrative rules and regulations as prescribed by the City Manager; (c) Keep informed of current developments concerning purchasing, prices, market conditions, and new products; Page 4of31 (d) Prescribe and maintain such forms as necessary for the proper operation of this purchasing system; (e) Assist, to the extent needed, with the supervision and inspection of all supplies, general services, and equipment purchased under this article to assure conformance with City specifications; (f) Supervise the transfer of surplus and unused supplies and equipment for sale or disposal of such; (g) Maintain up-to-date bidder's list, vendors' catalogs, files, and such other records as needed to perform these duties; (h) Ensure that purchasing specifications are written to encourage full competition; (i) Perform such other tasks as may be necessary for the proper conduct of purchasing of supplies, services, construction services, and equipment. Sec. 2-514. City Council authorizes City Manager to implement administrative regulations; sign purchase orders, contracts and agreements. The City Council hereby authorizes the City Manager to establish and maintain written administrative regulations and standards consistent with this article, which incorporate and implement the City's purchasing and contracting procedures, including an implementation of the purpose, goals and requirements of this article. In accordance with California Government Code, Section 40602, the mayor shall execute all contracts on behalf of the City, unless another city officer or employee is authorized to do so. In addition to the Mayor, the City Manager is hereby authorized to execute purchase orders, contracts and agreements on behalf of the city when authorized by this article or authorized by the City Council by minute action or resolution. Sec. 2-515. Purchase orders. (a) Except for departmental purchases as authorized by his article, purchases of supplies, services, and special equipment/supplies in an amount under Five Thousand and no/100ths ($5,000.00) Dollars may be made by purchase order issued by the Purchasing Agent. (b) The purpose of a Purchase Order is to ensure compliance with this article. The Purchasing Policies and Procedures Manual may authorize additional exemptions from the Purchase Order requirements if the procurement does not fall within the descriptions contained within this article. Examples of such exemptions include: acquiring land or books, payments that are not for the actual purchase of services, goods or supplies, or payments of debt services. Page 5 of 31 Sec. 2-516. Encumbrance of funds. Except in cases of emergency as described in this article, the Purchasing Agent shall not issue any Purchase Order, for purchase of supplies, services or equipment unless there exists an unencumbered appropriation in the fund account against which such purchase is to be charged or the City Council has authorized said purchase. Sec. 2-517. Solicitation and bidding exceptions. (a) The competitive bid and RFP processes identified in this article are not applicable to certain purchases. The following are exempt from bid processes of this article: (1) Department purchases, as defined in this article; (2) Travel/expense advances as authorized by the City's travel policy; (3) Subscriptions; (4) Trade circulars or books; (5) Insurance premiums; (6) Insurance payments; (7) Reimbursement of expenses; (8) Petty cash reimbursement; (9) Medical payments; (10) Newspaper advertisements and notices; (11) Dues to approved organizations; (12) Payments to other government units; (13) Utility service payments, utility connection and/or installation charges; (14) Attorney services; (15) Franchise services, including solid waste and towing services; (16) Postage, courier/delivery messenger services; (17) Land purchases; (18) Buildings purchases and leases; (19) Debt service payments; (20) Grants payment matches; (21) Claim settlements; (22) Specialized computer software and hardware; (23) Buses and bus support equipment; (24) Chemicals for City operations (i.e., pool maintenance, water treatment) (25) Electric motor controls; (26) Fiber optics; (27) Water fittings; (28) Fire hydrants; (29) Pipe and pipe fittings; (30) Power generation materials and equipment; (31) Pumps, regulators, relaying and protective devices; (32) Road and backfill material; (33) SCADA equipment; Page 6of31 (34) Substation supervisory equipment; (35) Treatment equipment; (36) Valves and operators (37) Electric Transformers, Primary & Secondary Copper Cable, Electric Switches & Controllers; (38) Computers, computer components and maintenance services. Notwithstanding the exemption from bidding contained in this section, all monetary thresholds for the award of contract contained in this article shall still apply. See.2-518. Contracts. (a) All written contracts shall be approved by City Attorney as to form. Contracts shall be prepared for professional, management, general or special services, and construction projects in amounts of Five Thousand and no/100ths ($5,000.00) Dollars and over. Contracts for an amount of Fifty Thousand and no/100ths ($50,000.00) Dollars and less shall be approved/awarded by the Purchasing officer, following any required selection process outlined in this article. Contracts with a dollar amount exceeding Fifty Thousand and no/100ths ($50,000.00) which were previously approved by council in the annual budget or Twenty -Five Thousand and no/100ths ($25,000.00) Dollars if not included within budget shall be approved/awarded by City Council following a selection process outlined in this article. (b) Contract Amendments. The Purchasing officer is authorized to issue Contract Amendments as follows: (1) If the contract was originally executed for an amount of Fifty Thousand and no/100ths ($50,000.00) Dollars or less, the Purchasing officer shall have the authority to issue Contract Amendments, provided that the sum of all amendments, plus original contract amount, shall not exceed Fifty Thousand and no/100ths ($50,000.00) Dollars. If the amended contract will exceed Fifty Thousand and no/100ths ($50,000.00) Dollars, the City Council shall approve the contract amendment. (2) For a contract originally executed for an amount in excess of Fifty Thousand and no/100ths ($50,000.00) which were previously approved by council in the annual budget or Twenty -Five Thousand and no/100ths ($25,000.00) Dollars if not included within budget and originally approved by City Council, the Purchasing officer shall have authority to issue contract amendments, provided that the sum of all contract amendments for any single contract shall not exceed the limit approved by City Council. If the amended contract will exceed the limit previously approved by City Council, the contract amendment must be approved by the City Council. (c) Master Professional Services Contracts. For those Professional Services as defined in Government Code Section 4526 (and as otherwise amended or exempt by this article), master multi- year contracts with several consultants with a general scope of work for on -call services may be set up for a total not- to -exceed dollar amount as approved by City Council. Page 7 of 31 (1) A formal Request for Qualification process shall be used in accordance with this article and awarded based on qualifications. (2) Task Orders shall be issued pursuant to the Master Contract with a specific scope of work and the Purchasing officer shall have authority to execute such Task Order for individual projects for Fifty Thousand and no/l00ths ($50,000.00) Dollars or less. (3) Any Task Order in an amount exceeding Fifty Thousand and no/100ths ($50,000.00) Dollars will require City Council's approval as pursuant to the terms of the Master Contract. (4) Task Orders shall not be issued for an amount exceeding Two Hundred Thousand and no/100ths ($200,000.00) Dollars. An individual Request for Qualification process and a new contract awarded by the City Council shall be required. (d) Master General Services Contracts. A Bid or a Request for Proposal/Qualification process may be used to procure General Services and may be awarded based on qualifications plus reasonableness of cost. (e) Public Works Contracts shall be required for public works in an amount of Five Thousand and no/100ths ($5,000.00) Dollars and over. The City Manager may award and execute contracts for individual projects in an amount of Two Hundred Thousand and no/100ths ($200,000.00) Dollars or less. The City Manager may award and execute contracts for individual projects paid for with enterprise funds (electric, water, wastewater in an amount of Two Hundred Thousand and no/100ths ($200,000.00). Individual projects in an amount exceeding Two Hundred Thousand and no/100ths ($200,000.00) Dollars shall be approved by City Council. Individual projects paid for with enterprise funds in an amount exceeding Two Hundred Thousand and no/100ths ($200,000.00) Dollars shall be approved by Utility Board. (f) Change Orders. A Change Order shall be used to modify the contract documents regarding contract price, schedule of payments, completion date, plans and specifications, expanding scope of work due to change in conditions, and for unit price overruns and under runs, as specified in the Contract. The work description and justification should relate to the original project and should be necessary to achieve original scope of project. Additional tasks unrelated to the original contract shall not be permitted. For authorized change orders, the Purchasing officer is authorized to issue Change Orders up to the contract contingency amount approved by the City Council for the individual contract as follows: (1) Contracts in the amount over Fifty Thousand and no/100ths ($50,000.00) Dollars to an amount of Two Hundred Thousand and no/100ths ($200,000.00) Dollars or less, subject to the following: (i) The Purchasing Officer may approve Change Orders until the contract amount reaches Two Hundred Thousand and no/100ths ($200,000.00) Dollars Page 8 of 31 (ii) Once the original contract plus all accumulated Change Orders reaches an amount that is equal to Two Hundred Thousand and no/l 00ths ($200,000.00) Dollars, subsequent Change Orders must be approved by City Council prior to commencing the work. (iii) Any single Change Order exceeding Sixty Thousand and no/100ths ($60,000.00) Dollars must be approved by City Council prior to commencing with the work. In emergency situations where stopping the work will result in severe repair or replacement delays and subject the City to excessive additional costs, the Purchasing officer may approve such a Change Order and shall give notice to City Council at the next regular City Council meeting. (2) Contracts in an amount exceeding Two Hundred Thousand and no/100ths ($200,000.00) Dollars, subject to the following: (i) The Purchasing officer may approve accumulative Project Change Orders up to the contingency established and approved by City Council for each individual contract. (ii) Any single Change Order exceeding Sixty Thousand and no/l00ths ($60,000.00) Dollars must be approved by City Council prior to commencing with the work. In emergency situations where stopping the work will result in severe repair or replacement delays and subject the City to excessive additional costs, the Purchasing officer may approve such Change Order and shall give notice to the City Council at the next regular City Council meeting. (g) Master Maintenance Service Contracts. (1) A Request for Qualification process shall be used for Master Maintenance Service Contracts. The purpose of a Master Maintenance Service Contract is to award discrete small projects with several vendors which do not exceed Sixty Thousand and no/100ths ($60,000.00) Dollars per task order. (2) Master Single or Multi -year Contracts may be set up with several vendors, and will include a general scope of work and will establish an annual not -to -exceed dollar amount as approved by City Council. (3) Task Orders shall be issued pursuant to the Master Contract with a specific scope of work and the Purchasing officer shall have authority to execute such Task Order for individual projects in an amount of Sixty Thousand and no/100ths ($60,000.00) Dollars or less. Sec. 2-519. Bidding procedures. Except as authorized in this article, or in the case of emergencies as described in this article, the purchase of supplies, equipment and special equipment/supplies, not included in the construction contract or bid specification for a public works project, shall be made as follows: Page 9of31 (a) Department Purchases. A department may purchase specified and limited supplies, and equipment, special equipment/supplies independently of the Purchasing Agent of a value less than Five Thousand and no/100ths ($5,000.00) Dollars, provided such department keeps a record of such purchases and exercises reasonable prudence in seeking price quotes when purchasing such items. All such purchases shall be made with funds in an unencumbered appropriation. (b) Direct Purchase Order. The purchase of supplies, equipment, or special equipment/supplies with the estimated value of Five Thousand and no/100ths ($5,000.00) Dollars but not more than Sixty Thousand and no/100ths ($60,000.00) Dollars which were previously approved by council in the annual budget or Twenty -Five Thousand and no/100ths ($25,000.00) Dollars if not included within budget shall be made by written bidding procedure as follows: (1) The responsible department shall prepare a written product specification describing the minimum requirements of the purchase. (2) The department shall endeavor to obtain at least three written quotes to the informal request for bid. (3) Written responses may be made by mail, fax, or e-mail directly to the department representative requesting the item. Further negotiation with a vendor to negotiate a lower price based on the bid responses received from other vendors is prohibited. A written record and tabulation shall be made at that time the bid response is received and opened. All written responses must be retained by the department for three years. (4) Bid evaluation procedures. All bids shall be analyzed by the department for compliance with bid specifications, and the department shall prepare an analysis of the bid process. a. Award will go to the lowest responsive/responsible bidder. b. Quality, quantity, and service being equal, a local preference of five (5%) percent shall be given to local vendors located within the City of Azusa. c. If the Department Head determines that all the bids received are unacceptably high, or specifications were unclear, the department may reject any bids received and the item may be rebid. (5) No bids received. In the event no bids are received, the Department Head requesting the purchase shall have the option of any of the following: a. Abandoning the purchase; b. Rebidding the purchase; or C. Requesting Purchasing Officer approval to obtain the item, supply, service, Page 10 of 31 or equipment on a direct negotiated contract. (6) The department shall prepare a written recommendation to the Purchasing Officer for award or rejection of bids. (7) Award. The Purchasing Officer shall reject all bids or award the purchase contract to the lowest responsive and responsible bidder whose bid or proposal fulfills the purpose intended according to criteria designated in the bid and the contract award amount is within the unencumbered appropriation for that item. Purchasing Officer may waive any minor bid irregularities and shall award informal bids up to Fifty Thousand and no/100ths ($50,000.00) Dollars. (c) Formal Bid Procedures. For supplies, equipment, or special equipment/supplies with an estimated value in an amount exceeding Sixty Thousand and no/l00ths ($60,000.00) Dollars purchases shall be made in accordance with the following formal written procedures: (1) Published Notices. A notice inviting bids shall be published at least fourteen (14) calendar days before the date of the opening of bids. The notice shall be published at least once in a newspaper of general circulation printed and published in the City, and in appropriate trade publications, if any, circulated within the general area and posted on the City's website. Such other notice as the Purchasing Agent deems appropriate shall be made. a. Notices inviting bids. Notices inviting bids shall include a general description of the goods, articles, services, or equipment to be purchased or required, state where bid blanks and specifications may be secured, describe any performance or bid security required, and the time and place for the opening of bids; b. Bidder's List. The Purchasing Agent shall maintain a list of responsible bidders for various categories of supplies or equipment. A notice of the solicitation for a bid shall be sent to all responsible prospective contractors or suppliers whose names are on the bidder's list for the category or equipment, supplies or general services subject to the bid request or posted on the City's website and distributed through mass e-mail notifications; and C. Bulletin Board. The bid invitation shall be posted on a public bulletin board in the City Hall complex. (2) Bidder's Security/Failure to Sign Contract. If the City requires a bidder's bond or other form of security, the bidder's security shall be prescribed in the notice inviting bids in an amount equal to ten (10%) percent of the amount bid. Bidder's security shall be either a cash deposit with the City, a cashier's or certified check payable to the City, or a bidder's bond. Unsuccessful bidders shall be entitled to the return of bid security within sixty (60) days of the date of the award. However, the lowest responsive and responsible bidder shall forfeit all or part of his/her bid security, as may be determined by the City Council, upon the bidder's refusal or failure to execute the contract within fourteen (14) days after the date of the award of the contract. On the refusal or failure of the Page 11 of 31 lowest responsive and responsible bidder to execute the contract, the City Council may award the contract to the next lowest responsive and responsible bidder. (3) Bid Opening Procedure. Sealed bids shall be submitted to the City Clerk's office and shall be identified as to bidder, project, and "Bid" on the envelope. Bids shall be opened by City staff in public at the time and place stated in the notice inviting bids. A written record and tabulation shall be made at the time of all bids received. (4) Bid Evaluation Procedures. With respect to those bids relating to the purchase of items subject to state sales, tax, the term "lowest responsible bidder" is deemed to include a local preference of five (5%) percent but not more than Five Thousand and no/100ths ($5,000.00) Dollars shall be given to local vendors located within the City of Azusa. The City shall also consider the cost to the city to pick up supplies and equipment at some distance from the City, to obtain parts and supplies and to transport such items for repair and maintenance in the computations used to award contracts. All bids shall be analyzed by the Purchasing Agent and the department for compliance with bid specifications. The department shall prepare a recommendation for award or rejection to the City Council. (5) Rejection ofBids. If the City Council determines that bids are excessively high or that specifications were unclear, or if no bids are received, the City Council may reject all bids presented and use whatever method it deems appropriate, such as rebid, abandon acquisition, or negotiate a contract to complete the purchase. (6) Award of Contracts. Contracts shall be awarded by the City Council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended according to the criteria designated in the solicitation, and provided the award amount is within the unencumbered appropriation for that item. The City Council may waive any minor bid irregularities. (7) Award oflnventory Contracts for Central and Electric Stores. Purchase orders shall be awarded by the Purchasing Agent to the lowest responsive and responsible bidder whose bid fulfills the purpose intended. The Purchasing Agent shall give notice to the City Council at the next regular City Council Meeting for any purchases in an amount exceeding Sixty Thousand and no/100ths ($60,000.00) Dollars. (8) Tie Bids. If two (2) or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re - advertising for bids, the City Council may accept either bid or accept the lowest bid made by negotiation with the tied bidders. (9) Performance Bonds. The City may require a performance bond in such amount as it shall find reasonably necessary to protect the public interest. If the City requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. Page 12 of 31 Sec. 2-520. Special equipment/supplies; sole source purchases. (a) Special Equipment/Supplies. In purchasing any special equipment or supplies needed to be compatible with existing equipment, or to perform complex or unique functions, the Purchasing Agent and Department Head in consultation with one another may: (1) Limit bidding to a specific product type, or a brand name product; or (2) Utilize a request for proposal approach where warranties, service and/or maintenance obligations, and product performance will be evaluated in addition to the price of the product. The award of the contract should be to the proposer staff deems is in the best public interest. (b) Sole Source Purchases. Unique commodities or services that can be obtained from only one vendor, or one distributor authorized to sell in this area, with singular characteristics or performance capabilities or which have specific compatibility components with existing City products are exempt from the competitive bidding requirements and are deemed sole source purchases. Sole source purchases may also include proprietary items sold direct from the manufacturer. (1) All sole source purchases shall be supported by written documentation indicating the facts and nature supporting the determination of a sole source, signed by the Department Head and forwarded to the Purchasing Officer. The Purchasing Officer shall approve sole source acquisitions in an amount of Fifty Thousand and no/100ths ($50,000.00) Dollars or less which were previously approved by council in the annual budget or Twenty -Five Thousand and no/100ths ($25,000.00) Dollars if not included within budget. (2) Approval of any sole source acquisition shall be obtained from City Council for an award of a contract for an amount exceeding Fifty Thousand and no/100ths ($50,000.00) Dollars or less which were previously approved by council in the annual budget or Twenty -Five Thousand and no/100ths ($25,000.00) Dollars if not included within budget. Sec. 2-521. Cooperative, piggyback and multiple awarded bid purchasing with other agencies. (a) Cooperative and Piggyback Purchasing. The bidding requirements of this article shall not apply to purchasing of any equipment or supplies which the Purchasing Agent determines to be in the best interest of the City obtained through a cooperative competitive bidding procedure or a "piggyback" contract prepared by and processed through another local, state, or federal governmental agency or joint powers authority made up of government agencies, including but not limited to the California Multiple Award Schedules (CMAS), California Communities, US Communities, General Services Administration (GSA) or Government Wide Acquisition Contracts (GWAC). The dollar limits shall be pursuant to the cooperative or piggyback contract awarded by the other agency or schedules approved by the cooperative entity. Page 13 of 31 (b) Multiple Awarded Bids. If the Purchasing Agent determines it to be in the City's best interest, the Purchasing Agent is authorized to use federal, state, or other governmental agency multiple awarded contracts. Staff must obtain quotes from at least three vendors on the awarded contract list and award the bid to the lowest responsive and responsible bidder. Sec. 2-522. Recycled supply products specification. (a) If in procuring supplies, a recycled product can achieve the necessary City performance standard, and if such recycled product is readily available, specifications should, if economically feasible, require products made with recycled materials be bid. If the Department Head determines that (1) a recycled product lacks performance capabilities or needed quality levels, or (2) a sufficient amount of said recycled or reusable product is not currently available in the market, then a reduced percentage can be required, or the supply specification can be limited to non -recycled or virgin materials. When recycled products are required, reasonable efforts shall be made to label the products as containing recycled materials. As used in this section, recycled products does not mean used products, but is limited to new products made with materials which have been recycled. (b) Recycled -Content Paper Procurement. If fitness and quality of Recycled -Content Paper Products and Recycled -Content Printing and Writing Paper are equal to that of non -recycled items, all departments and divisions of the City shall purchase Recycled -Content Paper Products and Recycled -Content Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, whenever available at the same or lesser total cost than non -recycled items, consistent with the requirements of the Public Contract Code, Sections 22150 through 22154 and Sections 12200 and 12209, as amended. (c) All Paper Products and Printing and Writing Paper shall be eligible to be labeled with an unqualified recyclable label as defined in Title 16 Code of Federal Regulations Section 260.12(2013). (d) Provide records to the Recordkeeping Designee of all Paper Products and Printing and Writing Paper purchases quarterly (both recycled -content and non -recycled content, if any is purchased) made by a division or department or employee of the City. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required, vendor name, purchased quantity, date purchased, and recycled content, and if non -Recycled -Content Paper products and/or non -Recycled -Content Printing and Writing paper are provided, include a description of why Recycled Content were not provided. (e) All Vendors that provide Paper Products (including Janitorial Paper Products) and Printing and Writing Paper the city shall: 1. Provide Recycled -Content Paper Products and Recycled -Content Printing and Writing Paper that Consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, if fitness and quality are equal to that of non -recycled item. Page 14 of 31 2. Only provide Paper Products and Printing and Writing Papers that meet Federal Trade Commission Recyclability standard ad defined in Title 16 Code of Federal Regulations Section 260.12(2013). 3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice or a manufacturer of vendor internet website. 4. Certify in writing, under penalty of perjury, that the Paper Products and Printing and Writing paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label ad defined in Title 16 Code of Federal Regulations Section 260.12(2013.) 5. Provide records to the Recordkeeping Designee of all Paper Products and Printing and Writing Paper purchased from the vendor on a schedule to be determined by Recordkeeping (both recycled -content and non -recycled content, if any is purchased) made by a division or department or employee of the City. Records shall include a copy of the invoice or other documentation of purchase, written certifications as required in Section 2-522 (e) 3-4 for recycled -content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non -Recycled -Content Paper Products and/or non- Recycled - Content Printing and Writing Paper are provided, include a description of why Recycled -Content Paper Products and/or Recycled -Content Printing and Writing Paper were not provided. (f) All vendors providing printing services to the City via a printing contract or written agreement, shall use Printing and Writing Paper that consists of at least thirty percent (30%), by fiber weight, postconsumer fiber, or as amended by Public Contract Code Section 12209. (g) Recovered Organic Waste Product Procurement. Procurement Target. City will annually procure for use or giveaway a quantity of Recovered Organic Waste Products that meets or exceeds its Annual Recovered Organic Waste Product Procurement Target through the implementation of Sections 3 through 5 of this Policy. (h) To be eligible to meet the Annual Recovered Organic Waste Product Procurement Target, products that may be procured include the following (provided that each product meets the criteria included in their respective definition): 1. SB 1383 eligible Compost 2. SB 1383 Eligible Mulch 3. Renewable Gas (in the form of transportation fuel, electricity, or heat) Page 15 of 31 4. Electricity Procured from Biomass Conversion (i) Compost and SB 1383 Eligible Mulch procurement. Divisions and departments responsible for landscaping maintenance, renovation, or construction shall: 1. Use Compost and SB 1383 Eligible Mulch produced from recovered Organic Waste, as defined, for landscaping maintenance, renovation, or construction, as practicable, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). 2. When City uses Compost and SB 1383 Eligible Mulch and the applications are subject to the City's Water Efficient Landscaping Ordinance (WELO), comply with one of the following, whichever is more stringent, (i) the City's WELO, if more stringent than the State's Model Water Efficient Landscape Ordinance (MWELO), or (ii) Sections 492.6 (a)(3)(B), (C), (D), and (G) of the State's Model Water Efficient Landscape Ordinance, Title 23, Division 2, Chapter 2.7 of the CCR, as amended September 15, 2015, which requires the submittal of a landscape design plan with a "Soil Preparation, Mulch, and Amendments Section." 3. Keep records, including invoices or proof of Recovered Organic Waste Product procurement (either through purchase or acquisition), and submit records to the Recordkeeping Designee, upon completion of project. Records shall include: a. General procurement records, including: (i) General description of how and where the product was used and applied, if applicable; (ii) Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured; (iii) Type of product; (iv) Quantity of each product; and, (v) Invoice or other record demonstrating purchase or procurement. b. For Compost and SB 1383 Eligible Mulch provided to residents through giveaway events or other types of distribution methods, keep records of the Compost and SB 1383 Eligible Mulch provided to residents. Records shall be maintained and submitted to the Recordkeeping Designee in accordance with Page 16 of 31 the requirements specified below. C. For procurement of SB 1383 Eligible Mulch, maintain an updated copy of the ordinance or enforceable mechanism(s) requiring that the mulch procured by the City or Direct Service Provider meets the land application standards specified in 14 CCR Section 18993.1, as it may be amended from time to time. 4. When Procurement of Recovered Organic Waste Products occurs through a Direct Service Provider, enter into a written contract or agreement or execute a purchase order with enforceable provisions that includes: (i) definitions and specifications for SB 1383 Eligible Mulch, Compost, Renewable Gas, and/or Electricity Procured from Biomass Conversion; and, (ii) an enforcement mechanism (e.g., termination, liquidated damages) in the event the Direct Service Provider is not compliant with the requirements. 0) Renewable Gas procurement (used for fuel for transportation, electricity, or heating applications). For Renewable Gas procurement, the City shall: 1. Procure Renewable Gas made from recovered Organic Waste for transportation fuel, electricity, and heating applications to the degree that it is appropriate and available for the City and to help meet the Annual Recovered Organic Waste Product Procurement Target, which requires compliance with criteria specified in 14 CCR Section 18993. L 2. Keep records in the same manner indicated below for the amount of Renewable Gas procured and used by the City, including the general procurement record information specified in Section below, and submit records to the Recordkeeping Designee on a schedule to be determined by a Recordkeeping Designee (k) Requirement for Direct Service Providers. Direct Service Providers of landscaping maintenance, renovation, and construction shall: 1. Use Compost and SB 1383 Eligible Mulch, as practicable, produced from recovered Organic Waste, as defined, for all landscaping renovations, construction, or maintenance performed for the City, whenever available, and capable of meeting quality standards and criteria specified. SB 1383 Eligible Mulch used for land application shall comply with 14 CCR, Division 7, Chapter 12, Article 12 and must meet or exceed the physical contamination, maximum metal concentration and pathogen density standards specified in 14 CCR Section 17852(a)(24.5)(A)(1) through (3). 2. If Direct Service Provider is subject to the City's MWELO, comply with one of the following, whichever is more stringent: (i) the locally -adopted WELO that is more stringent than the State's MWELO, or (ii) Sections 492.6 (a)(3)(B), (C), (D), and (G) of the State's MWELO, Title 23, Division 2, Chapter 2.7 of the CCR, as amended Page 17 of 31 September 15, 2015, which requires the submittal of a landscape design plan with a "Soil Preparation, Mulch, and Amendments Section." 3. Keep and provide records of Procurement of Recovered Organic Waste Products (either through purchase or acquisition) to Recordkeeping Designee, upon completion of projects. Information to be provided shall include: a. General description of how and where the product was used and if applicable, applied; b. Source of product, including name, physical location, and contact information for each entity, operation, or facility from whom the Recovered Organic Waste Products were procured; C. Type of product; d. Quantity of each product; and, e. Invoice or other record demonstrating purchase or procurement. (1) Direct Service Provider of Organic Waste collection services shall: 1. Provide a specified quantity of Compost or SB 1383 Eligible Mulch to City and its customers via periodic "giveaways" as specified in a franchise agreement or other agreement. 2. Keep and provide records to the City including the following: a. Dates provided b. Source of product including name, physical location and contact information for each entity, operation or facility from whom the Recovered Organic Waste Products were procured; C. Type of product; d. Quantity provided; and, e. Invoice or other record or documentation demonstrating purchase, procurement, or transfer of material to giveaway location. (m) Renewable Gas procurement by Direct Service Providers 1. Direct Service Providers transporting solid waste, organic materials, and/or recyclable materials shall procure their fuel as Renewable Gas according to the provisions of the franchise agreement between the City and Franchise Hauler. 2. If Renewable Gas made from recovered Organic Waste is used by Direct Service Page 18 of 31 Providers, Direct Service Providers shall submit information listed in Section 2- 522.(1).2.a-e on a schedule to be determined by City, but not less than annually to the Recordkeeping Designee. 3. Renewable Gas used by Direct Service Providers under Sections above shall comply with criteria specified in 14 CCR Section 18993.1. Sec.2-523. Emergencies. The bidding procedures of this article may be dispensed with in the case of emergency. An emergency shall exist when the service, repair, or replacements are immediately necessary to permit the continued performance of essential operations or services of the City, or result in excessive costs if not immediately remedied, or to avoid the immediate danger to life, health, or property. The City Council delegates authority to the City Manager to declare such procurement emergency. If the purchase is Fifty Thousand and no/100ths ($50,000.00) Dollars and over, the City Manager shall give notice of the purchase process to the City Council. Sec. 2-524. Local preference. (a) To promote economic development and maintain a healthy economic base in the City of Azusa, as well as encourage businesses to move into the City's jurisdiction, the City supports employment and local business opportunities which in turn promote the City's economic growth. As such, the City has determined it is in its best interest to provide a preference to local vendors. (b) Local Preference in Purchasing. In the bidding of, or contracting for procurement of supplies, materials, and equipment as provided in these sections, the Purchasing Officer may give a preference to responsive, responsible, local vendor located in the City of Azusa in an amount not -to - exceed five (5%) percent of the local vendors' total net bid price, or Five Thousand and no/100ths ($5,000.00) Dollars, whichever is lower. The granting of this local preference shall be approved or not based on a determination by the Purchasing Officer/Agent that quantity and quality of the local product is equal to that of the next lowest bidder. This local preference is not applicable to: (1) bids for public projects as defined by Public Contracts Code Sections 20161 and 22002, (2) bids funded by grants which prohibit its use, and (3) contracts for professional, management, general, and special services. Sec. 2-525. Staging of purchases prohibited. Purchases and Public Works contracts shall not be knowingly staged or separated into smaller units or segments solely for the purpose of evading the competitive formal or informal bidding requirements of this chapter. Sec. 2-526. Inspection and tests. Page 19 of 31 The Purchasing Agent or department requesting the item shall inspect all deliveries of supplies and equipment to assure conformance with the contract or order specifications. The Purchasing Agent, at his/her discretion, may require chemical and physical tests of samples or supplies and equipment as he/she deems necessary to determine the quality in conformance with those specifications. Sec. 2-527. General services. (a) General services as defined in this article shall be procured either through the bid process outlined in Section 2-519 with the emphasis on awarding to the "lowest responsive responsible bidder" or through the Request for Proposal process outlined in Section 2-538 of this article with emphasis on factors other than price. (b) Factors to Consider. If it is determined by the department in consultation with the Purchasing Agent that all vendors providing a service classification can equally provide the service satisfactorily, a bid process would be appropriate. However, if factors other than price need to be considered in awarding the contract, the Request for Proposal (RFP) process maybe used. Examples of areas other than price that may be important in awarding the contract include: experience level, competence, resources/equipment, staffing levels, services available/time factors, and other qualifications determined by each City department responsible for recommending the service contract that may be important to consider. (c) Master General Services Single or Multi -year Contracts maybe awarded to multiple service providers following a formal Request for Proposal/Qualification process using the procedures set forth in Section 2-538 of this article. Award of master contracts and negotiating task orders should follow the procedure set out in Section 2-518. Sec. 2-528. Uniform construction cost accounting procedures for public projects. The City Council has elected to become subject to the Uniform Construction Cost Accounting Procedures as established by the California Uniform Construction Cost Accounting Commission. Sec. 2-529. Bidding procedures for various public project amounts. (a) A public project of Sixty Thousand and no/100ths ($60,000.00) Dollars or less may be performed by City employees by force account, by negotiated contract, or by Purchase Order. (b) A public project of an estimated amount exceeding Sixty Thousand and no/100ths ($60,000.00) Dollars but not more than Two Hundred Thousand and no/100ths ($200,000.00) Dollars may be let to contract by informal bid procedures as set forth in this article. (c) A public project in an amount exceeding Two Hundred Thousand and no/100ths ($200,000.00) Dollars shall, except as otherwise provided in this article, be let to contract by formal bidding procedures. Page 20 of 31 (d) Amounts of bidding thresholds may be adjusted automatically pursuant to the California Public Contract Code (PCC) Chapter 2. Bidding on Public Contracts [2200-22045 )" Sec. 2-530. Adoption of plans. The City Engineer or his designee shall approve the plans, specification and working details of all public works projects. The City Council shall approve and adopt the plans, specifications, and working details, as well as authorize the bid request for all Public Works projects for an amount exceeding Two Hundred Thousand and no/100ths ($200,000.00) Dollars. The City Engineer is delegated authority to approve and adopt the plans, specifications, and working details for all Public Works projects less than Two Hundred Thousand and no/100ths ($200,000.00) Dollars. Sec. 2-531. Negotiated contract or purchase order procedures. For those projects qualifying under subsection (a) of Section 2-529, the project manager shall obtain a cost estimate from the project engineer or architect prior to issuing a Purchase Order or negotiating a contract with a responsible contractor. For any City force account work, the project manager shall first comply with the guidelines established by the California Uniform Construction Cost Accounting Commission in determining the cost of the public project. The City Manager shall have the authority to award and to execute any contract for the public project qualifying under subsection (a) and (b) of Section 2-529. Sec. 2-532. Informal bidding procedures. For those projects which qualify under subsection (b) of Section 2-529 for informal bidding, the following procedures shall be used: (a) Bidder List. The City shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maintenance of the contractors' list shall be consistent with the California Uniform Construction Cost Accounting rules. (b) Notice. Unless the product or service is proprietary, all contractors on the City's list for the category of work being bid shall be mailed a notice inviting informal bids, or an announcement/ advertisement shall be placed in all construction trade journals specified in this section, or both such mailing and advertising. The trade journals shall be those identified by the California Uniform Construction Cost Accounting Commission as appropriate for this area. In addition, notice shall be posted on the City's website. (c) Bidder's Security/Failure to Sign Contract. Bidder's security shall be prescribed in the notice inviting bids in an amount equal to ten (10%) percent of the amount bid. Bidder's security shall be either a cash deposit with the City, a cashier's or certified check payable to the City, or a bidder's bond. Unsuccessful bidders shall be entitled to the return of bid security within sixty (60) days of the date of the award. However, the lowest responsive and responsible bidder shall forfeit all Page 21 of 31 or part of his/her bid security, as may be determined by the City Council, upon the bidder's refusal or failure to execute the contract within fourteen (14) days after the date of the award of the contract. On the refusal or failure of the lowest responsive and responsible bidder to execute the contract, the City Council may award the contract to the next lowest responsive and responsible bidder. (d) Minimum Time Period. All mailing of notices to contractors and announcements/ advertisements published in the construction trade journals pursuant to subdivision (b) shall be completed not less than ten (10) calendar days before bids are due. (e) Notice Contents. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids. (f) Performance/Labor/Materials Bonds. A labor and materials bond, plus a performance bond shall be required, from a surety company licensed to do business in California and acceptable to the City, in amounts equivalent to the total contract amount. (g) Bid Opening Procedure. Sealed bids shall be submitted to the City Clerk's office and shall be identified as to bidder, project, and "Bid" on the envelope. Bids shall be opened by the City Clerk's staff in public at the time and place stated in the notice inviting bids. At that time, a written record and tabulation shall be made of all bids received, and shall be open for public inspection during regular business hours for a period of one year after the bid opening. The project manager shall make an analysis of the bids for compliance with bid specifications, and thereafter, make a recommendation for award or rejection. (h) Award. The Purchasing officer shall award the contract or reject the bids. The Purchasing Officer may waive minor bid irregularities. (i) Change Orders. A Change Order shall be used to modify the contract documents regarding contract price, schedule of payments, completion date, plans and specifications, and for unit price overruns and under runs, as specified in the Contract. Work description and justification must relate to the original project and must be work necessary to achieve original scope of project. After a determination that costs are merited by developments in a specific project, the Purchasing officer is authorized to issue Contract Amendments or Change Orders up to the contract contingency approved by the City Council as awarded for the individual contract as follows: (1) Purchasing officer may approve Project Change Orders until the contract reaches Two Hundred Thousand and no/100ths ($200,000.00) Dollars. (2) Once the original contract plus all accumulated Change Orders are in an amount that is equal to Two Hundred Thousand and no/100ths ($200,000.00) Dollars the contract and subsequent Change Orders must be approved by City Council prior to commencing with the work. (3) Any single Change Order exceeding Fifty Thousand and no/100ths Page 22 of 31 ($50,000.00) Dollars must be approved by City Council prior to commencing with the work. In urgency situations, where stopping the work will result in severe repair or replacement delays and subject the City to excessive additional costs due to the delay in the project, the Purchasing Officer may approve such Change Order and shall give notice to City Council at the next City Council meeting." 0) Bids in Excess of Statutory Amount. If all bids received are in excess of Two - Hundred Thousand and no/l00ths ($200,000.00) Dollars, the City Council may, by passage of a resolution by a four -fifths (4/5) vote, award the contract up to One Hundred Thirty-seven Thousand Five Hundred and no/l 00ths ($137,500.00) Dollars or less to the lowest responsive and responsible bidder if it determines the cost estimate of the City was reasonable. (k) The Purchasing Officer shall provide the City Council with a list ofprojects and their amounts approved pursuant to this section at least once per month. Sec. 2-533. Formal Bidding Procedures. For those projects requiring formal bidding under Section 2-529, the following procedures shall be used: (a) Publication. A notice shall be published, at least once, fourteen (14) calendar days before the date of opening the bids in a newspaper of general circulation printed and published in the jurisdiction of the City. The notice inviting formal bids shall also be mailed to all construction trade journals specified by the California Uniform Construction Cost Accounting Commission as appropriate for the area. The notice shall be mailed at least thirty (30) calendar days before the date of opening the bids. The notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. In addition to notice required by this section, the City may give such other notice as it deems proper. (b) Bidder's Security/Failure to Sign Contract. Bidder's security shall be prescribed in the notice inviting bids in an amount equal to ten (10%) percent of the amount bid. Bidder's security shall be either a cash deposit with the City, a cashier's or certified check payable to the City, or a bidder's bond. Unsuccessful bidders shall be entitled to the return of bid security within sixty (60) days of the date of the award. However, the lowest responsive and responsible bidder shall forfeit all or part of his/her bid security, as may be determined by the City Council, upon the bidder's refusal or failure to execute the contract within ten (10) days after the date of the award of the contract. On the refusal or failure of the lowest responsive and responsible bidder to execute the contract, the City Council may award the contract to the next lowest responsive and responsible bidder. All bids must be signed by person authorized to bind company to bid terms. (c) Bid opening Procedure. Sealed bids shall be submitted to the City Clerk's Office and shall be identified as to bidder, project, and "Bid" on the envelope. Bids shall be opened by the City Clerk's staff in public at the time and place stated in the notice inviting bids. A written record and tabulation shall be made at that time of all bids received, and shall be open for public inspection during regular business hours for a period of one year after the bid opening. The project manager Page 23 of 31 shall make an analysis of the bids for compliance with bid specifications and, thereafter, make a recommendation for award or rejection. (d) Award of Contracts/Minor Irregularities. Contracts shall be awarded by the City Council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended, according to criteria designated in the solicitation, and provided the award amount is within the unencumbered appropriation for that item. The City Council may waive minor bid irregularities. (e) Change Orders shall be used to modify the contract documents regarding contract price, schedule of payments, completion date, plans and specifications, and for unit price overruns and under runs, as specified in the Contract. Work description and justification must relate to the original project and must be work necessary to achieve original scope of project. After a determination that costs are merited by developments in a specific project, the Purchasing officer is authorized to issue Contract Amendments or Change Orders up to the contract contingency approved by the City Council as awarded for the individual contract as follows: (1) Purchasing officer may approve accumulative Project Change Orders up to the contingency established and approved by City Council for each individual contract. (2) Any single Change Order exceeding Sixty Thousand and no/100ths ($60,000.00) Dollars must be approved by City Council prior to commencing with the work. In emergency situations where stopping the work will result in severe repair or replacement delays and subject the City to excessive additional costs due to the delay in the project, the Purchasing officer may approve such Change Order and shall give notice to the City Council at the next City Council meeting. (f) Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay or re -advertising for bids, the City Council may accept either bid. (g) Performance/Labor/materials Bonds. A labor and materials bond, plus a performance bond shall be required, from an acceptable surety, in such amounts and in such a form as the City finds reasonably necessary to protect the public interest. (h) No Bids, if no bids are received, the project may be performed by City employees by force account, or by informal bidding procedures without further complying with this article. Sec. 2-534. Rejection of bids. (a) In its discretion, the City Council may reject any bids presented. If after the first invitation for bids all bids are rejected, the City shall state the reasons for the rejection, and after reevaluating its cost estimates of the project, the City shall have the option of either of the following: by this article. (1) Abandoning the project or re -advertising for bids in the manner described Page 24 of 31 (2) By passage of a resolution by a four -fifths (4/5) vote of the City Council declaring that the project can be performed more economically by City employees, may have the project done by force account without further complying with this article. Sec. 2-535. Emergencies; procedure. In cases of great emergency as determined by the City Council, including, but not limited to, states of emergency defined in Section 8558 of the Government Code, when repair or replacements are necessary to permit the continued conduct of the operation of services of the City, or to avoid danger to life or property, the City Council, by majority vote, may proceed at once to replace or repair any public facility without adopting plans, specification, or working details, or give notice for bids to let a contracts. The work may be done by City forces, by contract, or by a combination of the two (2). The City Council delegates to the City Manager, the authority to declare a public emergency subject to confirmation by the City Council by a four -fifths (4/5) vote, at its next meeting. Sec. 2-536. Staging of public works contracts. Public Works contracts shall not be knowingly staged or separated into smaller units or segments solely for the purpose of evading the competitive bidding requirements of this chapter. Sec. 2-537. Bid protests. Any interested party may file a protest regarding the procurement decisions authorized under this chapter. (a) Notice of Decision. After a decision regarding a public project procurement having a value over Sixty Thousand and no/l 00ths ($60,000.00) Dollars has been made, the Department Head or designee shall notify all persons who submitted a response to a City solicitation of intended award. If a bidder is rejected because the bid is found non -responsive or because the bidder is deemed not -responsible, the City will give written notice to said bidder of evidence reflecting such decision. (b) Time to File Protest. All protests must be filed in writing and received by the Department Head within five (5) business days of the date on the notice of intended award. (c) Form of Protest. All protests shall be in writing, state the grounds for the protest, state the facts relevant to the protest, and all evidentiary support to rebut adverse evidence that it or another bidder was either non -responsive or not responsible. All protests have to be filed in accordance with the instructions contained in the solicitation which is the subject of the protest. (d) City Manager Review. The City Manager or designee shall review the protest and issue a written decision on the protest. The City Manager or designee may base the decision on the written protest alone or may informally gather evidence from the person(s) filing the protest or any other person having relevant information. For procurements having a value of Two Hundred Page 25 of 31 Thousand and no/l00ths ($200,000.00) Dollars or less, the City Manager's or designee's decision shall be final. (e) Hearing on Protest. If a bid was rejected on the grounds that the bidder was not a "responsible" bidder, the protesting party must submit materials set forth in subdivision (c) above for consideration. An opportunity to be heard will be set within a reasonable time to provide a decision before final approval of the selected low bid. For procurements having a value of Two Hundred Thousand and no/100ths ($200,000.00) Dollars or less, the City Manager's or designee's decision shall be final. (f) Appeal of City Manager's Decision to City Council. For procurements having a value exceeding Two Hundred Thousand and no/100ths ($200,000.00) Dollars, an appeal of the City Manager's decision may be filed with the City Council. All such appeals must be in writing, and shall be filed with the City Clerk within five (5) business days from the date of the City Manager's decision. (g) Failure to Timely Appeal. An interested party who fails to file a protest within the times set forth in this section waives any right to protest the issue further. No appeal to either the City Manager or City Council of any decision to award a bid under may occur once the contract has been awarded. Sec. 2-538. Award of professional, management, general or special services contracts based upon competence. Factors to Consider. In contracting for professional services listed in Government Code Section 4526, selection shall be based on demonstrated competence and on professional qualifications necessary for the satisfactory performance of the services and solicited through a Request for Qualification process. In contracting for professional services contracts should only be awarded to firms or persons who have demonstrated "adequate competence" meaning: an adequate level of experience, competence, training, credentials, character, integrity, reputation, financial responsibility, resources, equipment, staffing, and other professional qualifications necessary for the service. The cost of the service may be considered, however, the lowest cost may not be the sole factor in deciding which firm or who shall be awarded the contract. It may be in the City's best interest to award the contract to a higher priced contractor based on the scope of services, availability, unique skills, staffing levels, timing, prior experience, familiarity with the City and other factors required by the department. The information needed for determining that level of competence, other qualifications, and the procedure for selecting such services shall be determined by the City department responsible for recommending the service contract. (a) Request for Proposal/Qualifications. The acquiring of services shall be procured through negotiated contract following a Request for Proposal/ Qualifications process. Contracting for services is decentralized and shall be the responsibility of the Department Head requesting the service. The Purchasing Agent may be contacted to assist in the formal Request for Page 26 of 31 Proposal/Qualification (RFP/Q) process. (b) Contracts, not within (a) above, for an amount less than Five Thousand and no/ 100ths ($5,000.00) Dollars. A Department Head may award contracts up to Five Thousand and no/100ths ($5,000.00) Dollars with qualified consultants/firms. (c) Contracts for an amount exceeding Five Thousand and no/100ths ($5,000.00) Dollars but not more than Fifty Thousand and no/100ths ($50,000.00) Dollars if approved by council in the annual budget or Twenty -Five Thousand and no/100ths ($25,000.00) Dollars if not included within budget. The requesting department shall meet the following requirement unless an urgency exists pursuant to this article: (1) Selection Process. Prepare an informal written document and contact as many companies as necessary to receive a minimum of three (3) written responses from consultants/firms. This requirement may be waived for good cause in writing by the Department Head and Purchasing Agent in consultation with one another. (2) Award. The Department Head shall prepare a written recommendation to the Purchasing Officer for the firm or person to be awarded the contract. The Purchasing Officer shalt award the contract. The Purchasing Officer shall provide the City Council with a list of contracts and their amounts approved pursuant to this section at least once per month. (3) Contract Document. A written contract must be established and the Purchasing officer or designee must sign/approve any service contract in an amount exceeding Five Thousand and no/100ths ($5,000.00) Dollars but not more than Fifyt Thousand and no/100ths ($50,000.00) Dollars if approved by council in the annual budget or Twenty -Five Thousand and no/100ths ($25,000.00) Dollars if not included within budget. (d) Contracts for an amount exceeding Sixty Thousand and no/100ths ($60,000.00) Dollars Departments shall utilize a Sealed Request for Proposal process essentially meeting the following requirements unless an emergency exists pursuant in Section 2-523 of this article: (1) Request for Proposal/Qualification (RFP/Q) solicitation process. A formal Sealed Request for Proposal/Qualification (herein "RFP/Q") document shall be developed for solicitation of professional, management, or general and special services contracts for an amount exceeding Sixty Thousand and no/100ths ($60,000.00) Dollars. (2) Advertisement. The department shall advertise in appropriate publications and/or use the Professional Services Listings, as available, and post on the City's website, during the solicitation process. (3) Fourteen (14) Day Notice. Notice inviting RFP/Q's shall be posted at City Hall at least fourteen (14) calendar days before the due date of submission of the RFP/Q. (4) Notice Contents. The notice shall include a description of general type of Page 27 of 31 service needed, how the RFP/Q minimum Scope of Work can be obtained, any pre -proposal conferences anticipated, the requirement of a written sealed proposal, state the closing date, and place and time for submission of the RFP/Q. (5) Solicitation Procedure. Sealed Request for Proposals/Qualifications should be submitted to, the department. RFP/Q's need not be opened publicly. All proposals shall be analyzed by the department for compliance with RFP/Q requirements, value of the total scope of services. Follow-up interviews of the most qualified of those submitting a proposal should be held. (6) Award. Professional, Management, General, and Special Services contracts of an amount exceeding Fifty Thousand and no/100ths ($50,000.00) Dollars should be awarded by City Council. (7) Contract Amendments. The Purchasing officer is authorized to issue Contract Amendments as follows: (i) If the contract was originally executed for an amount of Fifty Thousand and no/100ths ($50,000.00) Dollars or less, the Purchasing officer shall have the authority to issue Contract Amendments, provided that the sum of all amendments, plus original contract amount, shall not exceed Fifty Thousand and no/100ths ($50,000.00) Dollars. If the amended contract will exceed Fifty Thousand and no/100ths ($50,000.00) Dollars, the City Council shall make a finding that it is in the best interest of the City to waive the normal selection process and approve the amendment to the contract. (ii) For a contract originally executed for an amount of Fifty Thousand and no/l00ths ($50,000.00) Dollars and over and originally approved by City Council, the Purchasing officer shall have authority to issue contract amendments, provided that the sum of all contract amendments for any single contract shall not exceed the amount approved by City Council. If the amended contract will exceed the amount previously approved by City Council, the contract amendment must be approved by City Council. (8) Master Professional Services Contracts. For those professional services as defined in Government Code Section 4526, master single or multi -year contracts with several consultants with a general scope of work may be set up for a total not -to -exceed dollar amount as approved by City Council. (i) A formal Request for Qualification process shall be used in accordance with this article and awarded based on qualifications plus reasonableness of cost. (ii) Task Orders shall be issued pursuant to the Master Contract with a specific scope of work and the Purchasing officer shall have authority to execute such Task Order for individual projects for Fifty Thousand and no/l00ths ($50,000.00) Dollars or less. (iii) Any Task Orders in an amount exceeding Sixty Thousand and no/100ths ($60,000.00) Dollars will require City Council's approval pursuant to the terms of the Page 28 of 31 Master Contract. Sec. 2-539. Waiving of purchasing procedures. In its discretion, the City Council may at any time, without amending this chapter, waive the purchasing procedures or alter these proceedings to fit a specific purchase or contract, when such waiver is not in violation of state or federal law. A request for waiver should occur only when unforeseen circumstances or emergencies arise that justify an exception to following the provisions of this article, the City will not be prejudiced by such waiver and is in the best interest of the City and its operations. Sec. 2-540. Design -Build Authority. Notwithstanding the requirements of this article regarding public bidding for public works projects and contracts, the City Council may approve the use of an alternate public works construction project procurement procedure instead of the bidding procedure set forth in this article as follows: (a) The alternate procedure may include the Design -Build method of construction whereby the City enters into a single contract with a developer or contractor for the design and construction of the facility. (b) The contractor or developer may be procured by a selection process based on the criteria of experience, qualifications and best value. (c) This procedure/method may be used, but is not limited to use, when it is anticipated that the method will reduce project cost, expedite project completion, enable use of public/private partnership forms of project finance, and/or create certainty for total project expense. (d) Design Build public works projects and contracts maybe negotiated and awarded on such procedures, terms and conditions as the City Council deems appropriate in the exercise of its authority as a Charter City, and may be set forth by the City Council by resolution. (e) The project amount complies with any dollar thresholds contained in the California Public Contract Code for design build procedures (California Public Contract Code, Section 1100.7). The provisions of this section authorizing the use of the Design- Build construction procurement method shall be the prevailing regulations for public works design and construction procurement where there are conflicts between the provisions of this ordinance and the contract provisions of the Public Contract Code, pursuant to Section 1100.7 of the California Public Contract Code." SECTION 2: Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstances is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect any other provisions or Page 29 of 31 applications, of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Azusa hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional, invalid, or unenforceable. SECTION 3: Effective Date. This Ordinance shall become effective thirty (30) days following its adoption. SECTION 4: Publication. The City Clerk shall certify the adoption of this Ordinance. Not later than fifteen (15) days following the passage of the Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for or against the Ordinance, shall be published in a newspaper of general circulation in the City of Azusa. PASSED, APPROVED AND ADOPTED this 18'h day of January, 2022. Robert G3,6nzales Mayor ATTEST: L101 ;c J nce Corn 'o, Jr. ity Clerk Page 30of31 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )ss. CITY OF AZUSA ) I HEREBY CERTIFY that the foregoing Ordinance No. 2021-09, was duly introduced and placed upon first reading at a special meeting of the Azusa City Council on the 13" day of December, 2021 and that thereafter, said Ordinance No. 2021-09 was duly adopted and passed at a regular meeting of the Azusa City Council on the 18'' day of January, 2022 by the following vote: AYES: COUNCILMEMBERS: GONZALES, ALVAREZ, AVILA, BECKWITH NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: MENDEZ Je 60ertv ce Cornejo r. i APPROVED AS TO FORM: *-V — A V1 ---01 City A orney Best Best & Krieger LLP Page 31 of 31