(A) Except in the case of exempted procurement, the city may not purchase or enter into a contract that requires an expenditure of more than what is allowed in the Tex. Local Gov’t Code § 252.021, Competitive Requirements for Purchases, without first submitting such to competitive sealed bidding, except in the case of high technology procurement shall include the following:
(1) A procurement made because of a public calamity that requires the immediate appropriation of money to relieve the necessity of the city's residents or to preserve city property;
(2) A procurement necessary to preserve or protect the public health or safety of the city's residents;
(3) A procurement necessary because of unforeseen damage to public machinery, equipment, or other property;
(4) A procurement for personal, professional or planning services;
(5) A procurement for work that is performed and paid for by the day as the work progresses;
(6) A purchase of land or a right-of-way;
(7) A procurement of items that are available from only one source, including;
(a) Items that are available from only one source because of patents, copyrights, secret processes or natural monopolies;
(b) Films, manuscripts or books;
(c) Electricity, gas, water and other utility services;
(d) Captive replacement parts or components for equipment;
(e) Books, papers and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; and
(f) Management services provided by a non-profit organization to a municipal museum, park, zoo or other facility to which the organization has provided significant financial or other benefits;
(8) A purchase of rare books, papers, and other library materials for a public library;
(9) Paving drainage, street widening, and other public improvements, or related matters, if at least one-third of the cost is to be paid by or through special assessments levied on property that will benefit from the improvements;
(10) A public improvement project authorized by the voters for which there is a deficiency of funds for completing the project in accordance with the plans and purposes authorized by the voters;
(11) A payment under a contract by which a developer participates in the construction of a public improvement as provided by Tex. Local Gov't Code §§ 212.071 et seq.;
(12) Personal property sold:
(a) At an auction by a state license auctioneer;
(b) At a going out of business sale held in compliance with Tex. Bus. & Commerce Code §§ 17.81 et seq.;
(c) By a political subdivision of this state, a state agency of this state or an entity if the federal government; or
(d) Under an interlocal contract for cooperative purchasing administered by a regional planning commission established under Tex. Local Gov't Code §§ 391.001 et seq.; or
(13) Services performed by blind or severely disabled persons.
(Tex. Local Gov't Code § 252.022)
(B) Notice of the time and place at which competitive sealed bids or proposals must be published at least once a week for no less than two weeks in the official newspaper of the city. The date for the first publication must be before the fourteenth day before the date set to incur the expenditure or the letting of the contract.
(C) For any construction project which involves trench excavation that exceeds a depth of five feet, the bid documents and the contract must include detailed plans and specifications for trench safety systems that meet Occupational Safety and Health Administration (OSHA) standards and that these plans and specifications include a pay item for these safety systems.
(D) All competitive bids shall be received and opened at the time and in the manner specified in the bid advertisement. Bids received shall be opened by the City Manger and the City Secretary in a public bid opening procedure.
(E) All bids received in response to bid advertisements shall be reviewed and evaluated by the City Manager and city staff. Bids shall be tabulated and ranked in order of priority, with the lowest and best bid being ranked number one.
(F) The tabulation of bids and the action recommended by the City Manager shall be included on the next scheduled agenda for the City Council to consider awarding the bid.
(G) The tabulation of bids shall separately identify any bid found to be nonconforming, the reason of the nonconformity, and a recommendation, if any, that such bid should be disqualified.
(`88 Code, Ch. 1, § 18.00) (Ord. 260, passed 1-10-89; Am. Ord. 383, passed 3-7-94; Am. Ord. 468, passed 5-14-96; Am. Ord. 97-014, passed 6-24-97; Am. Ord. O-2013-003, passed 2-26-13)
Statutory reference:
Purchasing and contracting requirements, see Tex. Local Gov't Code §§ 252.001 et seq.
Trenching safety standards, see Tex. Health and Safety Code § 756.023