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HomeMy WebLinkAboutOrd. 1583-2019 (19-649)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Ordinance: ORD 1583-2019 File Number: 19-649 Enactment Number: ORD 1583-2019 ORDINANCE AMENDING TITLE 4, CHAPTER 4.04 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE PERTAINING TO PURCHASING PROCEDURES AND INFORMAL BIDDING WHEREAS, California law generally requires all public works contracts over the amount of $5,000 be competitively bid; WHEREAS, the Uniform Public Construction Cost Accounting Act (the "Act") provides a set of alternate, informal bidding procedure that municipalities may utilize it they have adopted the Act's accounting procedures; and WHEREAS, the City of South San Francisco ("City") has opted in to adopt the Act's accounting procedures and has adopted an informal bidding procedures ordinance under Chapter 4.04 of the South San Francisco Municipal Code to utilize the bidding procedure under the Act; and WHEREAS, Prior to January 1, 2019, the Act authorizes public projects of $45,000 or less to be let without competitive bidding and be performed by force account, authorizes public projects of $175,000 or less to be let by informal bidding procedures, and requires public projects of more than $175,000 to be let by formal bidding procedures; and WHEREAS, the Act also permits participating public agencies, in the event all bids received for the performance of a public project are in excess of $175,000, to award the contract at $187,500 or less to the lowest responsible bidder if it determines its cost estimate was reasonable; and WHEREAS, Assembly Bill 2249 ("AB 2249") was passed in 2018 and became effective on January 1, 2019, and amended the dollar thresholds for the above -stated informal bidding options; and WHEREAS, before AB 2249, the Act permitted participating public agencies, in the event all informal bids received for the performance of a public project are in excess of $175,000, to award the contract at $187,500 or less to the lowest responsible bidder if it determines its cost estimate was reasonable; and WHEREAS, AB 2249, effective January 1, 2019, increased monetary bid limit thresholds, effectively adjusting the bidding procedures for when no bidding, informal bidding, and formal bidding procedures are required.; and WHEREAS, AB 2249 now authorizes public projects of $60,000 or less to be performed by city workforce without competitive bidding, authorizes public projects from $60,001 to $200,000 to be City of South San Francisco Page 1 File Number. 19-649 Enactment Number. ORD 1583-2019 procured through informal bidding, and only require formal bidding for public projects of $200,001 or more; and WHEREAS, AB 2249 now permits participating public agencies, in the event all informal bids received for the performance of a public project are in excess of $200,000, to award the contract at $212,500 or less to the lowest responsible bidder if it determines its cost estimate was reasonable; and WHEREAS, staff recommends that Chapter 4.04 of the South San Francisco Municipal Code be amended to reflect the changes in dollar thresholds for alternative bidding procedures under the Act, as amended by AB 2249; and WHEREAS, based on all of the information presented at the July 10, 2019 City Council meeting, both written and oral, including without limitation the public comment, staff reports, minutes, and other relevant materials, the City Council finds that an ordinance amending the City's Purchasing Procedures set forth in Chapter 4.04 of the South San Francisco Municipal Code should be approved to reflect increased monetary limits for public construction cost accounting procedures set forth by AB 2249. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings The City Council of South San Francisco, finds that all Recitals are true and correct and are incorporated herein by reference. SECTION 2. Amendments Chapter 4.04 "Purchasing System" of Title 4 of the South San Francisco Municipal Code is hereby amended as follows. Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. 4.04.072 Notice inviting informal bids. (e) If all bids received are in excess of two hundred thousand dollars, or the limits established by subsection (d) of Section 22034 of the Public Contract Code, whichever is higher, the city council, by adoption of a resolution by a four-fifths vote, may award the contract, at no more two hundred twelve thousand five hundred dollars, or the limit established by subsection (d) of Section 22034 of the Public Contract Code, whichever is higher, to the lowest responsible bidder, if it determines the cost estimate was reasonable. SECTION 3. Severability City of South San Francisco Page 2 File Number. 19-649 Enactment Number. ORD 1583-2019 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 4. Publication and Effective Date Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco held the 10th day of July 2019. At a meeting of the City Council on 7/24/2019, a motion was made by Richard Garbarino, seconded by Mark Nagales, that this Ordinance be adopted. The motion passed. Yes: 5 Mayor Matsumoto, Vice Mayor Garbarino, Councilmember Addiego, Councilmember Nagales, and Councilmember Nicolas Attest by /&1,0 R sa Govea Acosta Kar sumoto, Mayor City of South San Francisco Page 3