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(A) Applicability of chapter. The purchasing regulations contained in this Chapter 3.08 shall apply to the purchase of materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment.
(B) Basis of Awards. The city shall secure materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment at the lowest total cost commensurate with the quality and scope needed, and subject to any limitations imposed by state law. Notwithstanding the foregoing, although the city is not adopting the formal procedures outlined in Cal. Gov’t Code §§ 4525 et seq., the city shall secure professional services based upon demonstrated competence, professional qualifications, and suitability for the project in general. The city may consider cost of professional services if the authorized contracting party determines it to be a relevant factor under the circumstances.
(C) Purchasing Policies and Procedures Manual. The purchasing agent shall develop, for approval by the City Manager, such policies and procedures as are necessary to implement the provisions of this chapter. The policies and procedures shall be written and implemented in such a way to encourage open and competitive bidding, where appropriate, provide equal opportunity based on merit, make each selection process free of invidious discrimination, provide for efficient and timely acquisition of needed materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment, and provide effective fiscal controls.
(D) Competitive bidding. In purchasing, materials, supplies, services (professional, consulting, public works, maintenance, and other general services), and equipment, the city shall make use of competitive bidding, both formal and informal, whenever required by law, this chapter, or any policies and procedures approved by the City Manager consistent with this chapter. Formal and informal competitive bidding is not required, for instance, when an "emergency" is declared pursuant to this chapter.
(E) Unencumbered funds. The purchasing agent shall not issue a purchase order for materials, supplies, services (professional, consulting, public works, maintenance, and other general services), or equipment involving any project or purchase without an unencumbered appropriation in the fund account against which such purchase is to be charged except for the following:
(1) In cases of emergency;
(2) When specifically authorized by resolution or minute order of the City Council;
(3) When the purchasing department acquires inventory for the warehouse that is not yet assigned to any department or fund; and
(4) When using limited purchase orders, yearly purchase orders, or blanket purchase orders, as those terms are defined in the Purchasing Policies and Procedures Manual.
(F) Requisition forms. The department responsible for a purchase shall submit requests for materials, supplies, services (professional, consulting, public works, maintenance, and other general services), or equipment to the purchasing agent by standard requisition forms, or by other means as may be established by the Purchasing Policies and Procedures Manual.
(G) Applicable state and federal law: The city shall comply with all applicable federal and state laws for the particular purchase at issue including, but not limited to, bidder's security and bonding requirements, as well as prevailing wage requirements.
(H) Delegation of purchasing agent authority. The purchasing agent, with approval of the City Manager, may provide written authorization to any department director to conduct a bidding process outside of the centralized purchasing system; provided, however, that such bidding process and the resulting contract or purchase shall otherwise comply with the requirements of this chapter. The purchasing agent, with approval of the City Manager, may rescind such authorization in writing at any time and for any or no reason.
(I) Purchase orders; contract and agreement forms. The purchasing agent shall require all purchases for materials, supplies, services (professional, consulting, public works, maintenance, and other general services), or equipment to be made with an appropriate purchase order and on an appropriate contract or agreement, the form of which shall be approved by the City Attorney. The City Attorney shall not need to review and approve as to form each executed contract or agreement; provided a city model approved as to form by the City Attorney is used without substantive modification. In addition, when the purchasing agent determines that issues under the responsibility of the city's risk manager are involved, the relevant contract or agreement provisions shall also be reviewed and approved by the city's risk manager.
(J) Unlawful purchasing activities and conflicts. The Purchasing Policies and Procedures Manual shall specifically prohibit practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration, and shall specifically prohibit city officials, officers, and employees from participating in the bidding or selection process when they have a relationship with a person or business entity seeking a contract under this Chapter 3.08 which would subject the officials, officers, or employees to the prohibitions of Cal. Gov’t Code §§ 1090 and 87100 et seq.
(K) Records retention. The purchasing agent shall keep a written record of all bids for a period of two years following the award of the purchase. If no purchase is awarded pursuant to a particular bid process, the purchasing agent shall keep a written record of the bid information for a period of six months following the city's decision not to award the purchase.
(L) State or federal funding. Any purchases made with state or federal funds shall comply with all laws, rules, and regulations made applicable by the funding source.
(M) Delegation of department director authority. The department directors, with approval of the City Manager, may provide written authorization to any subordinate employees to exercise the director’s purchasing authority; provided, however, that such delegation shall be pursuant to an authorized written signature authorization form/procedure approved by the purchasing agent, and the bidding process and the resulting contract or purchase shall otherwise comply with the requirements of this chapter. The department directors, with approval of the City Manager, may rescind such delegation in writing at any time and for any or no reason. As used herein and as provided for in § 3.08.010, the term department director shall include the Assistant City Manager and the General Manager of the Department of Water and Power, the Police Chief, and the Fire Chief.
(Ord. 3065 § 2, 2011; Ord. 2790 § 2 (part), 2005.)
(A) $60,000 or less. Public projects of $60,000 or less may be awarded by the director of the department responsible for the project, or his or her designee, pursuant to § 3.08.040, by any alternative procedure.
(B) $60,001 - $75,000. Public projects of more than $60,000, but less than or equal to $75,000 may, except as otherwise provided in this chapter or the Act, be awarded by the Assistant City Manager, the Director of Public Works or the Director of Utilities pursuant to the public project informal bidding procedure.
(C) $75,001 - $100,000. Public projects of more than $75,000, but less than or equal to $100,000 shall, except as otherwise provided in this chapter or the Act, be awarded by the City Manager pursuant to the public project informal bidding procedure.
(D) More than $100,000. Public projects of more than $100,000, but less than or equal to $200,000 may, except as otherwise provided in this chapter or the Act, be awarded by the City Council pursuant to the public project informal bidding procedure. Public projects of more than $200,000 shall, except as otherwise provided in this chapter or the Act, be awarded by the City Council pursuant to the public project formal bidding procedure. If all bids received are over $200,000, the City Council may, with the approval of a four-fifths vote of those members present and without following the public project formal bidding procedure, award the contract in an amount not exceeding $212,500 to the lowest responsive and responsible bidder, so long as the City Council also determines that the city’s cost estimate for the project was reasonable.
(E) City Engineer review of plans and specifications. The City Engineer shall review and approve the working details, drawings, plans, and specifications prepared for every public project which may affect the design or operation of public improvements and which may bring into question the city’s liability for dangerous conditions of public property.
(F) City Council review of plans and specifications. The City Council shall review and approve the working details, drawings, plans, and specifications prepared for every public project of more than $100,000.
(G) Award. Contracts for public projects of $60,000 or less, if awarded, may be awarded in the best interests of the city. Contracts for public projects of more than $60,000, if awarded, shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses.
(H) Dollar limits and change orders or amendments. The dollar limits indicated herein shall apply to the original contract and to any amendments or change orders. To this end, therefore, unless an exception provided in § 3.08.130 below applies, any contract amendment or change order which would increase the contract amount above any threshold stated herein shall comply with the requirements applicable to the increased contract amount. For public projects awarded by the City Council, unless a lower or higher amount is stated in the City Council staff report for the project or directed by the City Council, the City Manager or his or her designees shall have authority to approve contract amendments or change orders up to the lesser of either $100,000 or 10% of the original contract amount.
(I) No bid splitting. The city shall not split a project, work, service, or purchase into smaller projects, works, services, or purchases for the purpose of avoiding any bidding or contracting requirements of this code.
(Ord. 3358 §1, 2023; Ord. 3280 §1, 2018; Ord. 3105 §1, 2011; Ord. 3097 §1, 2011; Ord. 2790 §2 (part), 2005.)
(A) $60,000 or less. Maintenance work and other general services projects of $60,000 or less, including those involving on-call maintenance work or general services, may be awarded by the director of the department responsible for the project, or his or her designee, pursuant to § 3.08.040, by any alternative procedure.
(B) $60,001 - $75,000. Maintenance work and other general services projects of more than $60,000, but less than or equal to $75,000, including those involving on-call maintenance work or general services, may, except as otherwise provided in this chapter or the Act, be awarded by the Assistant City Manager, the Director of Public Works or the Director of Utilities pursuant to the non-public project informal bidding procedure.
(C) $75,001 - $100,000. Maintenance work and other general services projects of more than $75,000, but less than or equal to $100,000, including those involving on-call maintenance work or general services, shall, except as otherwise provided in this chapter, be awarded by the City Manager pursuant to the non-public project informal bidding procedure.
(D) More than $100,000. Maintenance work and other general services projects of more than $100,000, including those involving on-call maintenance work or general services, shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the non-public project formal bidding procedure.
(E) City Engineer review of plans and specifications. The City Engineer shall review and approve the working details, drawings, plans, and specifications prepared for every maintenance work and other general services project which may affect the design or operation of public improvements and which may bring into question the city’s liability for dangerous conditions of public property.
(F) Purchasing agent review of plans and specifications. The purchasing agent, or his or her designee, shall review and approve the form of the working details, drawings, plans, and specifications prepared for every maintenance work and other general services project.
(G) City Council review of plans and specifications. The City Council shall review and approve the working details, drawings, plans, and specifications prepared for every maintenance work and other general services project of more than $100,000.
(H) Award. Contracts for maintenance work and other general services projects of $60,000 or less, including those involving on-call maintenance work or general services, if awarded, may be awarded in the best interests of the city. Contracts for maintenance work and other general services projects of more than $60,000, if awarded, shall be awarded to the contractor who will best serve the interests of the city, taking into account, in addition to cost, their demonstrated competence, qualifications and suitability for the project in general.
(I) Subsequent contract awards, amendments, extensions, or renewals. Notwithstanding anything herein to the contrary, the department director and City Manager shall not award a subsequent contract to the same individual or entity for the same or similar services on the same project, or amend, extend, or renew such a contract, without obtaining the next highest approval authority (e.g. the City Manager for the department director and the City Council for the City Manager), when the award, amendment, extension, or renewal will result in the city paying an aggregate amount in excess of the approval authority of the department director or City Manager to the individual or entity in any given fiscal year. For purposes of this section, the phrase “same project” shall include an on-call or as-needed contract.
(J) Dollar limits and change orders or amendments. The dollar limits indicated herein shall apply to the original contract and to any amendments or change orders. To this end, therefore, unless an exception provided in § 3.08.140 below applies, any contract amendment or change order which would increase the contract amount above any threshold stated herein shall comply with the requirements applicable to the increased contract amount. For maintenance and other general service projects awarded by the City Council, unless a lower or higher amount is stated in the City Council staff report for the project or directed by the City Council, the City Manager or his or her designees shall have authority to approve contract amendments or change orders up to the lesser of either $100,000 or 10% of the original contract amount.
(K) Six-year term limitation. No maintenance work or other general services contract shall extend for a period of more than six years, including any authorized extensions, unless specifically approved by City Council action.
(L) No bid splitting. The city shall not split a project, work, service, or purchase into smaller projects, works, services, or purchases for the purpose of avoiding any bidding or contracting requirements of this code.
(M) Local preference; maintenance and general services. As set forth in further detail in § 3.08.080(J) below, the City Council has made findings and adopted a local bidder preference program (“local program”) applicable to certain purchases of materials, supplies, and equipment, as well as contracts for maintenance work and other general services projects described in this section. Accordingly, contracts for maintenance work and other general services projects that are competitively bid and involve an expenditure of $200,000 or less, shall be subject to the local program set forth in § 3.08.080(J). For recurring procurements/contracts, the local program shall be applicable only to the city’s first $200,000 worth of such procurements/contracts for any fiscal year, as determined by city staff in its sole discretion. For such recurring procurements/contracts, the bidding documents shall indicate whether or not the local program is in effect for the applicable procurement. Properly certified local businesses (as defined in § 3.08.080(J)) shall be entitled to the specified reduction of 5% in the tabulation of their bid for purposes of determining the lowest responsible bidder, unless otherwise prohibited by law (such as special state or federal grant programs). If the local program is applicable to a bid offering, it shall be noted in the applicable bid solicitation.
(Ord. 3358 §2, 2023; Ord. 3280 §2, 2018; Ord. 3230 §2, 2016; Ord. 3105 §2, 2011; Ord. 3097 §2, 2011; Ord. 3065 § 3, 2011; Ord. 3060 § 1, 2010; Ord. 3012 §§2, 3 (part), 2009; Ord. 2790 §2 (part), 2005.)
(A) $60,000 or less. Professional services contracts of $60,000 or less may be awarded by the director of the department responsible for the project, or his or her designee, pursuant to § 3.08.040, by any alternative procedure.
(B) $60,001 - $75,000. Professional services contracts of more than $60,000, but less than or equal to $75,000 may, except as otherwise provided in this chapter or the Act, be awarded by the Assistant City Manager, the Director of Public Works or the Director of Utilities pursuant to the non-public project informal bidding procedure.
(C) $75,001- $100,000. Professional services contracts of more than $75,000, but less than or equal to $100,000 shall, except as otherwise provided in this chapter, be awarded by the City Manager pursuant to the non-public project informal bidding procedure.
(D) More than $100,000. Professional services contracts of more than $100,000 shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the non-public project formal bidding procedure.
(E) Purchasing agent review of scope of services. The purchasing agent shall review and approve, or provide for the review and approval of, the scope of services prepared for every professional services contract.
(F) City Council review of scope of services. The City Council shall review and approve the scope of services prepared for every professional services contract of more than $100,000.
(G) Award. Contracts for professional services shall be awarded to the contractor who will best serve the interests of the city, taking into account the demonstrated competence, professional qualifications, and suitability for the project in general. The city may consider cost of professional services if the authorized contracting party determines it to be a relevant factor under the circumstances.
(H) Subsequent contract awards, amendments, extensions, or renewals. Notwithstanding anything herein to the contrary, the department director and City Manager shall not award a subsequent contract to the same individual or entity for the same or similar services, or amend, extend, or renew such a contract, without obtaining the next highest approval authority (e.g. the City Manager for the department director and the City Council for the City Manager), when the award, amendment, extension, or renewal will result in the city paying an aggregate amount in excess of the approval authority of the department director or City Manager to the individual or entity in any given fiscal year. For purposes of this section, the phrase “same project” shall include an on-call or as-needed contract.
(I) Dollar limits and change orders or amendments. The dollar limits indicated herein shall apply to the original contract and to any amendments or change orders. To this end, therefore, unless an exception provided in § 3.08.140 below applies, any contract amendment or change order which would increase the contract amount above any threshold stated herein shall comply with the requirements applicable to the increased contract amount. For professional service agreements awarded by the City Council, unless a lower or higher amount is stated in the City Council staff report for the project or directed by the City Council, the City Manager or his or her designees shall have authority to approve contract amendments or change orders up to the lesser of either $100,000 or 10% of the original contract amount.
(J) No bid splitting. The city shall not split a project, work, service, or purchase into smaller projects, works, services, or purchases for the purpose of avoiding any bidding or contracting requirements of this code.
(Ord. 3358 §3, 2023; Ord. 3280 §3, 2018; Ord. 3105 §3, 2011; Ord. 3097 §3, 2011; Ord. 2790 §2 (part), 2005.)
(A) $60,000 or less. Purchases of materials, supplies, and equipment of $60,000 or less may be awarded by the purchasing agent or the director of the department responsible for the purchase, or his or her designee, pursuant to § 3.08.040, by any alternative procedure.
(B) $60,001 - $75,000. Purchases of materials, supplies, and equipment of more than $60,000, but less than or equal to $75,000 may, except as otherwise provided in this chapter or the Act, be awarded by the Assistant City Manager, the Director of Public Works or the Director of Utilities pursuant to the non-public project informal bidding procedure.
(C) $75,001 - $100,000. Purchases of materials, supplies, and equipment of more than $75,000, but less than or equal to $100,000 shall, except as otherwise provided in this chapter, be awarded by the City Manager pursuant to the non-public project informal bidding procedure.
(D) More than $100,000. Purchases of materials, supplies, and equipment of more than $100,000 shall, except as otherwise provided in this chapter, be awarded by the City Council pursuant to the non-public project formal bidding procedure.
(E) Department director review of specifications. The director of the using department shall review and approve, or provide for the review and approval of, the specifications prepared for every purchase of materials, supplies, and equipment.
(F) Purchasing agent review of specifications. The purchasing agent, or his or her designee, shall review and approve the form of all contracts for the purchase of materials, supplies, and equipment.
(G) City Council review of specifications. The City Council shall review and approve the specifications prepared for every purchase of materials, supplies, and equipment of more than $100,000.
(H) Award. Contracts for the purchase of materials, supplies, and equipment of $60,000 or less, if awarded, may be awarded in the best interests of the city. Contracts for the purchase of materials, supplies, and equipment of more than $60,000, if awarded, shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the authorized contracting party may accept the one it chooses.
(I) Dollar limits and change orders or amendments. The dollar limits indicated herein shall apply to the original contract and to any amendments or change orders. To this end, therefore, unless an exception provided in § 3.08.140 below applies, any contract amendment or change order which would increase the contract amount above any threshold stated herein shall comply with the requirements applicable to the increased contract amount. For materials, supplies, and equipment contracts awarded by the City Council, unless a lower or higher amount is stated in the City Council staff report for the project or directed by the City Council, the City Manager, or his or her designees shall have authority to approve contract amendments or change orders up to the lesser of either $100,000 or 10% of the original contract amount.
(J) Local bidder preference program; purchases of materials, supplies, and equipment; maintenance and general services.
(1) Based upon the findings provided for in the recitals of the ordinance adding this § 3.08.080(J), the City Council has determined that it is in the best interests of the city to give a minimal preference to local businesses when the city is making certain purchases of materials, supplies, and equipment, as well as when it is entering into contracts for certain maintenance work and other general services projects, as set forth in this local bidder preference program (“local program”).
(2) The local program shall consist of the following general requirements, which shall be implemented by the purchasing agent within the city’s Purchasing Policies and Procedures Manual:
(a) 1. A “local business” for purposes of this local program shall mean the vendor:
a. Has fixed facilities with one or more employees, which may include a sole proprietor, located at an address within city limits (a post office box alone is insufficient); and
b. Has an appropriate city business license/permit.
2. A vendor seeking to qualify for this local program shall provide supporting information and certify in writing that it meets the above requirements as part of its bid.
(b) In applying the local program to bids on a city purchase subject to the local program, a qualifying local business shall be entitled to a reduction of 5% in the tabulation of its bid for purposes of determining the lowest responsible bidder, unless otherwise prohibited by law (i.e. special state or federal grant programs).
(c) The local program shall only be applicable to purchases of materials, supplies, and equipment which are competitively bid and which involve an expenditure of $100,000 or less. If the local program is applicable to a bid offering, it shall be noted in the applicable bid solicitation.
(3) The local program preference described in division (J)(2) above shall be applicable only to purchases of materials, supplies, and equipment, as well as contracts for maintenance work and other general services, which are competitively bid and which involve an expenditure of $200,000 or less. For recurring purchases, the local program shall be applicable only to the city’s first $200,000 worth of such purchases for any fiscal year, as determined by city staff in its sole discretion. For such recurring purchases, the bidding documents shall indicate whether or not the local program is in effect for the applicable procurement. If the local program is applicable to a bid offering, it shall be noted in the applicable bid solicitation.
(4) The local program may also establish a preference for purchases of materials, supplies, and equipment, as well as contracts for maintenance work and other general services, which are competitively bid and which involve an expenditure of more than $200,000. Such preference shall allow the city to take into consideration the net sales tax to be returned to the city as a result of an award to a qualifying local business in determining the lowest responsive and responsible bidder. The net sales tax shall be calculated based on the applicable bid price provided by the bidder in accordance with the city’s purchasing policy.
(K) Recycled products preference. In order to promote the use of products containing recycled material, including post consumer material and secondary material, the city may take into consideration the percentage of recycled product in the materials, supplies, or equipment being provided in determining the lowest responsive and responsible bidder. This section shall not be effective unless and until the purchasing agent adopts a written policy to implement its provisions, which policy shall be included in the city’s Purchasing Policies and Procedures Manual. In addition, fitness and quality being equal, the city shall endeavor to purchase products containing recycled material instead of virgin products, whenever available at no more than the total cost of the virgin materials.
(L) No bid splitting. The city shall not split a project, work, service, or purchase into smaller projects, works, services, or purchases for the purpose of avoiding any bidding or contracting requirements of this code.
(M) Fleet replacement vehicles and equipment. Notwithstanding anything to the contrary contained herein, the purchasing agent shall be the authorized contracting party for the replacement of a vehicle or other equipment on the city’s annual vehicle/equipment replacement list, as approved through the budget process each year. The purchasing agent shall not make an award or approve such a purchase unless and until the applicable alternative procedure, non-public project informal bidding procedure or non-public project formal bidding procedure is followed.
(Ord. 3358 §4, 2023; Ord. 3280 §4, 2018; Ord. 3121 §1, 2012; Ord. 3105 §4, 2011; Ord. 3097 §4, 2011; Ord. 3060 §§ 2, 3, 2010; Ord. 3012 §4 (part), 2009; Ord. 2790 §2 (part), 2005.)
(A) Uses of formal bidding procedure. This formal bidding procedure shall be used whenever formal bidding is required for a public project.
(B) Required process. The formal competitive bidding procedure shall comply with all aspects of state and local law governing formal competitive bidding including, but not limited to, the California Public Contract Code, California Government Code, California Labor Code, resolutions of the City Council as may be adopted from time to time, and policies and procedures as the City Manager may approve from time to time.
(C) Notice inviting formal bids. Notice inviting formal bids shall be provided. The notice inviting formal bids shall comply with § 22037 of the Act, as such section may be amended from time to time. Notices shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. At a minimum, the notice inviting formal bids shall:
(1) Describe the project;
(2) State how to obtain more detailed information about the project;
(3) State the date, time, and place for the submission of sealed bids; and
(4) Include any other information required by state or local law, as determined by the City Attorney.
(D) Published notice. The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation printed and published in the city, or, if there is no such newspaper, in a newspaper of general circulation which is circulated in the city.
(E) Distribution of notice inviting formal bids. The notice inviting formal bids shall also be sent to those construction trade journals specified in § 22036 of the Act at least 15 calendar days before the date of bid opening. Notice shall be sent by either facsimile or electronic mail, if available, in addition to by mail.
(F) Additional notice. The city shall also provide any additional notice as it deems proper.
(G) Contents of remaining bid and contract documents. The contents and form of the remaining bid and contract documents shall be approved by the director of the using department, as well as the City Attorney.
(H) Bidder's security. When required by applicable law or determined necessary by the purchasing agent or his or her designee, each bidder shall be required to provide appropriate security to guarantee its bid. Upon refusal or failure to execute the required contract or agreement and provide all required information and documentation, the full amount of the bid security shall be forfeited, except to the extent limited by applicable law.
(I) City's authority. The city may reject any or all bids received, and may waive any minor irregularities in each bid received.
(J) No bids received. If no bids are received, the authorized contracting party may award the contract by any alternative procedure.
(K) Award of contract. The contract shall be awarded in accordance with § 3.08.050(G). If two or more bids are the same and the lowest, the city may accept the one it chooses.
(L) Rejection of bids. The city may, in its sole and absolute discretion, reject any bids presented. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates for the project, the city shall have the option of any of the following:
(1) Abandon the project;
(2) Readvertise for bids in the manner described in this chapter; or
(3) By passage of a resolution by a four-fifths vote of the City Council, declare that the project can be performed more economically by the employees of the city and have the project done by force account.
(Ord. 3065 § 4, 2011; Ord. 2790 § 2 (part), 2005.)
(A) Uses of public project informal bidding procedure. This informal bidding procedure shall be used when a public project is involved and informal bidding is permitted by this chapter.
(B) Contractor list. The purchasing agent shall develop and maintain, or provide for the development and maintenance of, a list of qualified contractors, identified according to categories of work, as described in § 22034(a) of the Act. The list shall be developed and maintained in accordance with criteria established by the Commission. In developing the list, the purchasing agent or his or her designee shall obtain from the Contractor's State License Board and from the contractor's trade associations in the county, the names and addresses of qualified contractors located in the county.
(C) Distribution of notice inviting informal bids. The purchasing agent shall provide a notice inviting informal bids. The notice inviting informal bids shall be mailed to either or both of the following:
(1) All contractors on the qualified contractors list maintained pursuant to division (B) above; and/or
(2) All construction trade journals specified in § 22036 of the Act.
The notice inviting informal bids must be mailed not less than ten calendar days before the bids are due.
(D) Contents of notice inviting informal bids. At a minimum, the notice inviting informal bids shall:
(1) Describe the project in general terms;
(2) State how to obtain more detailed information about the project;
(3) State the date, time, and place for the submission of sealed bids; and
(4) Include any other information required by state or local law, as determined by the City Attorney.
(E) Proprietary projects or products. If the director of the using department certifies that, to the best of his or her knowledge, the project, product, or service is proprietary in nature and can be obtained only from one contractor, and that no equivalent projects, products or services are available, the notice inviting informal bids may be sent exclusively to such contractor.
(F) Contents of bid and contract documents. The contents and form of the bid and contract documents shall he approved by the director of the using department, as well as the City Attorney; provided, however, that the City Attorney need not review or approve the contents of the technical specifications, drawings, and other technical documents.
(G) Bidder's security. When required by applicable law or determined necessary by the City Manager or purchasing agent, each bidder shall be required to provide appropriate security to guarantee its bid. Upon refusal or failure to execute the required contract or agreement and provide all required information and documentation, the full amount of the bid security shall be forfeited, except to the extent limited by applicable law.
(H) City's authority. The city may reject any or all bids received, and may waive any minor irregularities in each bid received.
(I) No bids received. If no bids are received, the authorized contracting party may award the contract by any alternative procedure.
(J) Award of contract. The contract shall be awarded in accordance with § 3.08.050(G). If two or more bids are the same and the lowest, the city may accept the one it chooses.
(Ord. 2790 § 2 (part), 2005.)
(A) Uses of the non-public project formal bidding procedure. A formal bidding procedure shall be used whenever formal bidding is required by this chapter and the project does not involve a public project.
(B) Distribution of notice inviting formal bids or request for proposals. A notice inviting formal bids or a request for proposals, as appropriate, shall be posted at least ten calendar days before the date of opening the bids or proposals on the city's public bulletin board or electronic public bidding site and provided directly to bidders, vendors, or contractors on the city's approved list for the type of purchase at issue. The city shall endeavor to receive formal bids or proposals from at least three vendors or contractors. A notice inviting bids shall be used whenever the project or purchase must be awarded to the lowest responsible and responsive bidder. A request for proposals may be used whenever the project or purchase is not required to be awarded to the lowest responsible and responsive bidder. If the purchasing agent and the director of the using department certify that, to the best of their knowledge, there is no local source or local provider available for the project, the notice inviting bids or the request for proposals, as appropriate, may be distributed to a list of qualified vendors maintained by the purchasing agent and/or published in a trade journal appropriate to the project.
(C) Contents of notice inviting formal bids or request for proposals. At a minimum, the notice inviting formal bids or request for proposals shall:
(1) Describe the project or purchase in general terms;
(2) State how to obtain more detailed information about the project or purchase;
(3) State the date, time, and place for the submission of bids or proposals; and
(4) Include any other information required by state or local law, as determined by the City Attorney.
Bids for purchases of more than $100,000 shall be sealed bids.
(D) Proprietary projects or sole source products. If the director of the using department certifies that, to the best of his or her knowledge, the project, product, or service is proprietary in nature and can be obtained only from one vendor or contractor, and that no equivalent products or services are available, the notice inviting formal bids or request for proposals may be sent exclusively to such vendor or contractor.
(E) Contents of remaining bid and contract documents. The contents and form of the remaining bid and contract documents shall be approved by the director of the using department, as well as the City Attorney.
(F) Bidder’s security. When required by applicable law or determined necessary by the City Manager or purchasing agent, each bidder shall be required to provide appropriate security to guarantee its bid. Upon refusal or failure to execute the required contract or agreement and provide all required information and documentation, the full amount of the bid security shall be forfeited, except to the extent limited by applicable law.
(G) City’s authority. The city may reject any or all bids or proposals received, and may waive any minor irregularities in each bid or proposal received.
(H) No bids received. If no bids are received, the authorized contracting party may award the contract by any alternative procedure.
(Ord. 3358 §5, 2023; Ord. 3280 §5, 2018; Ord. 3097 §5, 2011; Ord. 2790 §2 (part), 2005.)
(A) Uses of non-public project informal bidding procedure. This informal bidding procedure shall be used whenever informal bidding is allowed for a purchase which does not involve a public project.
(B) Distribution of notice inviting informal bids or request for proposals. A notice inviting informal bids or request for proposals, as appropriate, shall be provided. The notice inviting informal bids or requests for proposals shall be provided to at least three vendors or contractors, and the city shall endeavor to receive informal bids or proposals from at least three vendors or contractors. A notice inviting bids shall be used whenever the project or purchase must be awarded to the lowest responsible and responsive bidder. A request for proposals may be used whenever the project or purchase is not required to be awarded to the lowest responsible and responsive bidder.
(C) Contents of notice inviting informal bids or request for proposals. At a minimum, the notice inviting informal bids or request for proposals shall:
(1) Describe the project or purchase in general terms;
(2) State how to obtain more detailed information about the project or purchase;
(3) State the date, time, and place for the submission of bids or proposals; and
(4) Include any other information required by state or local law, as determined by the City Attorney.
Bids for purchases of more than $100,000 shall be sealed bids.
(D) Proprietary projects or sole source products. If the director of the using department certifies that, to the best of his or her knowledge, the project, product or service is proprietary in nature and can be obtained only from one vendor or contractor, and that no equivalent products or services are available, the notice inviting informal bids or request for proposals may be sent exclusively to such vendor or contractor.
(E) Contents of remaining bid and contract documents. The contents and form of the remaining bid and contract documents shall be approved by the director of the using department, as well as the City Attorney.
(F) Bidder’s security. When required by applicable law or determined necessary by the City Manager or purchasing agent, each bidder shall be required to provide appropriate security to guarantee its bid. Upon refusal or failure to execute the required contract or agreement and provide all required information and documentation, the full amount of the bid security shall be forfeited, except to the extent limited by applicable law.
(G) City’s authority. The city may reject any or all bids or proposals received, and may waive any minor irregularities in each bid or proposal received.
(H) No bids or proposals received. If no bids or proposals are received, the authorized contracting party may award the contract by any alternative purchasing procedure.
(Ord. 3358 §6, 2023; Ord. 3280 §6, 2018; Ord. 3097 §6, 2011; Ord. 2790 §2 (part), 2005.)
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