Ord. 853ORDINANCE NO. 853
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
POWAY, CALIFORNIA, AMENDING SECTIONS 3.28.060,
3.28.070, 3.28.110, 3.28.120 AND ADDING 3.28.150 TO
CHAPTER 3.28 (PURCHASING) OF THE POWAY MUNICIPAL
CODE
WHEREAS, Chapter 3.28 of the Poway Municipal Code ("PMC") establishes procedures
for the purchase of supplies, equipment, materials and services;
WHEREAS, the City Council of the City of Poway is currently required by the California
Public Contract Code to competitively bid all Public Projects in excess of $5,000;
WHEREAS, Public Contract Code, Sections 22032, et. seq. set forth informal bidding
procedures for public projects over $60,000 and up to $200,000 upon adoption by a public agency
of the California Uniform Public Construction Cost Accounting Act ("CUPCCAA") procedures;
WHEREAS, the City Council has determined that it is in the best interest of the City of
Poway to adopt these procedures for informal bidding of public projects in accordance with
CUPCCAA; and
WHEREAS, the City seeks additional Ordinance amendments to four sections and seeks
to add one section to reflect changes in procedures pursuant to the adoption of CUPCCAA and
subsequent changes in purchasing procedures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN
AS FOLLOWS:
SECTION 1: The above recitations are true and correct.
SECTION 2: The City Council hereby approves this Ordinance and amends Sections
3.28.060, 3.28.070, 3.28110, 3.28.120 and adds Section 3.28.150 to Chapter 3.28 of the PMC as
specified below. Removals are indicated with ctrikcthrough and additions are indicated with
underline.
follows:
SECTION 3: Section 3.28.060 of the Poway Municipal Code is hereby amended as
3.28.060 Formal bidding procedures — Public works projects
Contracts for public projects shall be administered in the manner provided by Section
200 22032 et. seq. of the Public Contracts Code as may be amended from time to time.
(Ord. 55 § 6, 1992)
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follows:
Ordinance No. 853
Page 2
SECTION 4: Section 3.28.070 of the Poway Municipal Code is hereby amended as
3.28.070 Formal bidding procedure.
Except as otherwise provided in this chapter, any purchase which exceeds $50T000
$60,000 in value for supplies, services, and equipment, or the amount established by
Public Contracts Code Section 20162 22032 and succeeding amendments for contracts
on public works projects, will be by formal bid.
A. Notices inviting sealed bids shall be published at least twice, not less than five days
apart, the first time being 10 days before the date of the opening of the bids, in a
newspaper of general circulation in the City, or they shall be posted in at least three
places in the City that have been designated by ordinance as the places for posting
public notices.
B. Notices inviting bids shall include a general description of the articles to be purchased,
where bid forms and specifications may be obtained, and the time, date and place for
the opening of bids.
C. When deemed necessary by the Director of Finance, 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
the bidder's refusal or failure to execute the contract within 10 days after the notice of
award of contract has been mailed. The City Council may, on refusal or failure of the
successful bidder to execute the contract, award it to the next lowest responsible
bidder. If the City Council awards the contract to the next lowest bidder, the amount of
the lowest bidder's security shall be applied by the City to the contract price differential
between the lowest bid and the second lowest bid, and the surplus, if any, shall be
returned to the lowest bidder. If the City Council rejects all bids presented, due to the
failure of the successful bidder to execute the contract, and readvertises, the amount
of the lowest bidder's security may be used to offset the cost of receiving new bids and
the surplus, if any, shall be returned to the lowest bidder.
D. Sealed bids together with bidder's security shall be submitted to the Director of
Finance or designee. The bid shall be so identified on the envelope. Bids shall be
opened in public at the date, time and place stated in the public notices inviting the
bids. Any bid received after the scheduled time of the bid opening shall be returned to
the bidder unopened. A tabulation of all bids received shall be available for public
inspection during regular business hours for a period of not less than 30 calendar days
after the bid opening.
E. At its sole discretion, the City Council may reject any and all bids presented and
readvertise for bids pursuant to the procedure prescribed above. In the event no bids
are received or, all bids are rejected, the City Council may, in accordance with Public
Contracts Code Section 20167, and any amendments thereto, direct the Director of
Finance or designee to proceed pursuant to paragraphs relating to open market
procedure or competitive negotiations.
F. If two or more bids received are for the same total amount or unit price, quality and
service being equal, the City Council may at its discretion accept the bid it chooses
with or without further negotiations with the tie bidders.
follows:
follows:
Ordinance No. 853
Page 3
G. The City shall have authority to require performance and labor and materials security
before entering a contract in such amount as it finds reasonably necessary to protect
the best interests of the City. If the City requires security, the form and the amount of
the security shall be described in the notice inviting bids. The notice inviting bids may
provide that security may be posted in the form of a surety bond, a letter of credit
drawn on an institution located in San Diego County and approved by the City
Attorney, or a cash deposit. (Ord. 811 § 7, 2017; Ord. 675 § 6, 2008; Ord. 260 §§ 1,
3, 1988; Ord. 188 § 1, 1986; Ord. 55 § 7, 1982)
SECTION 5: Section 3.28.110 of the Poway Municipal Code is hereby amended as
3.28.110 Cooperative purchasing.
Purchase of supplies, services and equipment by contract, arrangement and agreement
for the cooperative purchasing programs with the State, the County and any other public
or municipal corporation of -the State may be made by the Director of Finance when the
administering agency has made their purchase in a competitive manner. In addition, the
city council, city manager, or purchasing agent, at their prescribed authorization levels,
may buy directly from a vendor at a price established by another public agency of the
State when the other public agency has made its purchase in a competitive manner. (Ord.
811 § 8, 2017; Ord. 675 § 9, 2008; Ord. 260 § 1, 1988; Ord. 55 § 11, 1982)
SECTION 6: Section 3.28.120 of the Poway Municipal Code is hereby amended as
3.28.120 Award and execution of contracts.
Except in emergency situations, all contracts for supplies, services and equipment in an
estimated amount of $50,000 $60,000 or more and public works projects in an estimated
amount of $5,000 $60,000 or more shall be awarded by the City Council. Contracts for
supplies, services, and equipment and public projects pursuant to the processes set forth
in 3.28.150 in an amount less than $50,000 $60,000 shall be executed by the City
Manager or the City Manager's designee. No contract shall be approved by the City
Council or City Manager unless the expenditure is consistent with the City's adopted
budget. (Ord. 675 § 10, 2008; Ord. 55 § 12, 1982)
SECTION 7: Article III of the Poway Municipal Code is hereby amended to include the
addition of 3.28.150 as follows:
3.28.150 Informal bid procedures under the California Uniform Public Construction Cost
Accounting Act.
A. Informal Bid Procedures. A public works construction project, as defined in Section
20161 of the Public Contract Code may be performed by contract acquired by informal
procedures as set forth in Section 22032, et seq., of the Public Contract Code.
B. Contractors List. A list of contractors shall be developed and maintained in
accordance with the provisions of Section 22034 of the Public Contract Code and
criteria promulgated from time to time by the California Uniform Construction Cost
Accounting Commission. Such list will be maintained by the public works director or
designee.
Ordinance No. 853
Page 4
C. Notice Inviting Bids. When a public works construction project is to be performed
which is subject to the provisions of this section, a notice inviting informal bids shall be
mailed to all contractors for the category of work to be bid, as shown on the list
developed in accordance with subsection B. of this section, and to all construction
trade journals as specified by the California Uniform Public 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 public works director; provided however:
1. If there is no list of qualified contractors maintained by the public works director for
the particular category of work to be performed, the notice inviting bids shall be
sent only to the construction trade journals specified by the commission.
2. If the producer 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.
D. Award of Contract. Award of contract to the successful responsive, responsible low bidder
will be executed in accordance with this chapter.
SECTION 8: This Ordinance shall be codified.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30) days after
its adoption.
CERTIFICATION/PUBLICATION: The City Clerk shall certify the adoption of this
Ordinance and cause it or a summary of it, to be published with the names of the City Council
members voting for and against the same in the Poway News Chieftain, a newspaper of general
circulation in the City of Poway within fifteen (15) days after its adoption and shall post a certified
copy of this Ordinance in the Office of the City Clerk in accordance with Government Code §
36933.
INTRODUCED AND FIRST READ at a Regular Meeting of the City Council of the City of
Poway, California, held the 1st day of February, 2022, and thereafter.
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Ordinance No. 853
Page 5
PASSED AND ADOPTED at a Regular Meeting of said City Council held the 15th day of
February, 2022, by the following vote, to wit:
AYES: LEONARD, FRANK, GROSCH, MULLIN, VAUS
NOES: NONE
ABSENT: NONE
DISQUALIFIED: NONE
Sieve Vaus, Mayor
ATTEST:
Carrie Gallagher, CMC, Cit • lerk