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(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.)
In addition to the situations described in § 3.08.050, competitive bidding, either formal or informal, is not required for public projects in the situations provided for in this section. The purchasing agent shall establish rules and regulations within the Purchasing Policies and Procedures Manual which are necessary to implement the provisions of this section. Under the conditions outlined herein and in the Purchasing Policies and Procedures Manual, any alternative procedure may be used.
(A) Emergencies. In situations determined by the City Manager to constitute an emergency for a public project pursuant to § 22035 of the Act and Cal. Public Contract Code § 22050. The City Council hereby delegates to the City Manager the power to declare a public emergency and take any directly related and immediate action required by the emergency, up to a total of $175,000, pursuant to § 22035 of the Act and Cal. Public Contract Code § 22050. Emergency expenditures of more than $175,000 shall first be approved by the City Council. Work shall be performed without the benefit of competitive bidding, either formal or informal, only so long as necessary under those sections.
For projects of more than $45,000, a report on the emergency and work performed shall be provided at the next regular meeting of the City Council, and then at every meeting thereafter required by § 22050. At such meetings, the City Council shall determine, by a four-fifths vote, that there is a need to continue the action without the benefit of informal or formal competitive bidding in accordance with § 22035 of the Act and Cal. Public Contract Code § 22050. The City Council shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the emergency action may be completed pursuant to a formal bidding procedure.
For projects of $45,000 or less, the City Manager shall have the authority to cause the director of the department responsible for the project, or his or her designee, to proceed by any alternative procedure pursuant to § 3.08.050 above.
(B) No competitive market. When the City Council determines, upon recommendation by the City Manager and purchasing agent, in accordance with applicable law, that a competitive market does not exist and that no competitive advantage will be gained by the public bidding process.
(C) No bids received: When no bids are received pursuant to either the public project informal bidding procedure or the public project formal bidding procedure.
(D) Otherwise authorized. Upon recommendation of the City Manager, purchasing agent and City Attorney, when otherwise authorized by this chapter or applicable law.
(Ord. 3105 § 5, 2011; Ord. 3097 § 7, 2011; Ord. 2790 § 2 (part), 2005.)
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