Chapter 3.30
PURCHASE, BID PROCEDURE, ENGINEERING-RELATED CONSULTANT SERVICES AND PROPERTY DISPOSAL
Sections:
3.30.080 Encumbrance of funds.
3.30.090 Purchasing and contracting procedures.
3.30.100 Open market bidding procedures.
3.30.110 Informal bidding procedures.
3.30.120 Formal bidding procedures.
3.30.130 Contracts for engineering-related consultant services.
3.30.140 City administrator authorization.
3.30.150 Disposition of city-owned personal property.
3.30.010 Title.
The ordinance codified in this chapter shall be known as the "purchase, bid procedure, consultant services and property disposal" ordinance of the city of Angels. (Ord. 438 (part), 2009: Ord. 313 (part), 1991)
3.30.020 Purpose.
The purpose of this chapter is to establish procedures for purchasing supplies and equipment, contracting for maintenance and consultant services, contracting for public projects in conformance with the requirements of the Public Contract Code and disposing of city-owned personal property. (Ord. 438 (part), 2009: Ord. 313 (part), 1991)
3.30.030 Definitions.
For purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
A. "Public Contract Code" means the Public Contract Code of the State of California.
B. "Commission" means the California Uniform Construction Cost Accounting Commission as created by Section 22010 et seq. of the Public Contract Code.
C. "Supplies" means materials, tools and other goods or commodities used in the conduct of city business.
D. "Equipment" means furnishings, vehicles, rolling stock and other personal property items used in the conduct of city business.
E. "Public project" as used herein has the same meaning as Section 22002 of the Public Contract Code.
F. "Maintenance services" include but are not limited to the following:
1. Routine, recurring and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes;
2. Minor repainting;
3. Resurfacing of streets and highways at less than one inch;
4. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants and servicing of irrigation and sprinkler systems;
5. Other maintenance services such as vehicle and mechanical repair, janitorial services, street sweeping and similar services relating to city operations.
G. "Bidders list" means a list of responsible prospective vendors capable of providing the items being bid.
H. "Contractors list" means a list of contractors qualified to perform or construct public projects identified according to categories of work which shall be developed and maintained by the city engineer using the minimum criteria established by the Commission for the development and maintenance of such lists.
I. "Engineering-related consultant" means any specially trained and experienced person, firm or corporation providing special services or advice on general civil engineering, architectural, surveying and design work for public projects as defined in Section 22002 of the Public Contract Code.
J. "Purchase" includes rental, lease or trade. (Ord. 438 (part), 2009: Ord. 313 (part), 1991)
3.30.040 Purchasing agent.
A. The position of purchasing agent is created. The position of purchasing agent shall be appointed by the city administrator.
B. The duties of the purchasing agent may be combined with those of any other office or position. The purchasing agent shall have authority to:
1. Promulgate and enforce such administrative rules and regulations as required and necessary to carry out the intent and purposes of this chapter;
2. Purchase or contract the supplies, equipment, maintenance services or public projects required by any requesting department in accordance with the purchasing procedures set forth in this chapter and other administrative rules and regulations as may be established;
3. Act to procure for the city supplies, equipment, maintenance services and public projects of the highest quality at the least expense to the city;
4. Endeavor to maintain open competition on all purchases and contracts;
5. Keep informed of the current developments in the field of purchasing and contract administration as well as prices, market conditions and new products;
6. Prescribe and maintain such forms as are reasonably necessary for the operation of the provisions of this chapter and other administrative rules and regulations, as may be established;
7. Supervise the inspection of all supplies and equipment to determine their conformance with the specifications set forth in the order to contract;
8. Obtain chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. The city may pay the costs of such tests or may require that the costs of such tests be paid by the bidder;
9. Recommend the transfer of surplus or unused supplies and equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any department or which have become unsuitable for city use; and
10. Maintain bidders lists, vendor catalog files and other records needed for the efficient operation of the purchasing function. (Ord. 438 (part), 2009: Ord. 313 (part), 1991)
3.30.050 Purchases.
Purchases for supplies, equipment or services shall be made by purchase order or contract except where payment has been pre-approved by the purchasing agent. (Ord. 438 (part), 2009: Ord. 313 (part), 1991)
3.30.060 Purchase orders.
A purchase order will not be issued until the purchasing agent first approves it.
The purchasing agent shall have the authority to issue open purchase orders for certain competitive and expendable items when it is not economical to maintain an inventory and following normal purchasing procedures would be detrimental to the effective operation of the city. (Ord. 438 (part), 2009: Ord. 313 (part), 1991)
3.30.070 Requisitions.
All purchases of items with a unit cost of five hundred dollars or more require a standard requisition form, approved by the purchasing agent, before issuance of a purchase order. Requests for such purchases must include at least two quotations from alternative sources of supply, if possible and feasible. If not possible and feasible, an explanation shall be included. (Ord. 438 (part), 2009: Ord. 313 (part), 1991)
3.30.080 Encumbrance of funds.
Except in cases of emergency, the purchasing agent shall not issue any purchase order for supplies, equipment, maintenance services and public projects unless there exists an unencumbered appropriation against which such purchase is to be charged. (Ord. 438 (part), 2009: Ord. 313 (part), 1991)
3.30.090 Purchasing and contracting procedures.
Purchases and contracts for supplies, equipment, maintenance services and public projects shall be made pursuant to the following competitive bidding procedures:
A. Open Market Bidding Procedures. Purchases and contracts of an estimated value in the amount of twenty-five thousand dollars or less may be made by open market bidding procedures pursuant to the provisions of Section 3.30.100 of this chapter except as otherwise provided in this section.
B. Informal Bidding Procedures. Purchases and contracts of an estimated value in the amount of one hundred twenty-five thousand dollars or less may be made by informal bidding procedures pursuant to the provisions of Section 22032, et seq., of the Public Contract Code.
C. Formal Bidding Procedures. Purchases and contracts of an estimated value in an amount greater than one hundred twenty-five thousand dollars shall be made by formal bidding procedures pursuant to the provisions of the Public Contract Code.
D. Exceptions.
1. The bidding procedures and force account restrictions set forth in this chapter shall be dispensed with under the following conditions:
a. When bidding would be impossible, impractical or incongruent;
b. In an emergency;
c. When the price is controlled by law;
d. When the commodity, maintenance service or project can only be provided or performed by one vendor; or
e. When the estimated value of the purchase or contract is one thousand dollars or less.
2. For the purposes of this subsection:
a. "Impossible" means actual impossibility or extreme and unreasonable difficulty or expense.
b. "Impractical" means incapable of being performed by the bid procedure.
c. "Incongruous" means not suitable to the bid procedure.
d. "Emergency" means circumstances or conditions that pose an immediate threat to public health, welfare or safety as determined by the city administrator, including but not limited to states of emergency defined in Section 8558 of the Government Code of the state of California. For contracts relating to items defined as public projects, any such determination of an emergency and any contracts let by the city administrator under the provisions of this section are subject to confirmation by the council, by a four-fifths vote, at its next meeting.
E. Cooperative Agreements. No provision of this chapter shall be interpreted or construed to prohibit or prevent the city from purchasing or contracting for supplies, equipment, maintenance services or public projects by contracts, arrangements and agreements for cooperative purchasing programs not otherwise prohibited by law with any federal government agency, the state of California, or with any other public or municipal corporation of the state of California; provided, however, that any contract, agreement or arrangement otherwise subject to open market or informal bidding procedures shall be first approved by the purchasing agent and, if subject to formal bidding procedures, shall be first approved by the council. (Ord. 438 (part), 2009: Ord. 313 (part), 1991)
3.30.100 Open market bidding procedures.
Except as provided in Section 3.30.090(D) and (E) of this chapter, solicitation of bids and award of contracts for supplies, equipment, maintenance services or public projects with an estimated value in the amount of twenty-five thousand dollars or less may be made by the purchasing agent in the open market in accordance with the following procedures:
A. Minimum Number of Bids. Open market purchases shall, whenever possible, be based on at least four bids and shall be awarded to the lowest responsible bidder.
B. Notices Inviting Bids. The purchasing agent shall solicit bids from prospective vendors by written requests, by telephone, by advertising, or by public notices posted on the public bulletin board at City Hall.
C. Written Records of Bids. Written records of bids received shall be maintained by the purchasing agent for a minimum period of one year after the placing of orders. Such record, while so kept, shall be open to public inspection and shall include: the business name, address and telephone number of the vendor; vendor representative; description of the bid item(s), including unit quantities if applicable, unit prices or lump sum amount quoted by the vendor; and the date that the bid was received. (Ord. 438 (part), 2009: Ord. 313 (part), 1991)
3.30.110 Informal bidding procedures.
Public projects, as defined by the Uniform Public Construction Cost Accounting Act and in accordance with the limits listed in Section 22032 of the Public Contract Code, may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code and in accordance with the following procedures:
A. 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.
B. Notice Inviting Informal Bids. Where a public project is to be performed which is subject to the provisions of this chapter, 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 Public Contract Code Section 22034, and to all construction trade journals as specified by the California Uniform 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 city, provided, however:
1. If there is no list of qualified contractors maintained by the city 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 project 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. (Ord. 438 (part), 2009: Ord. 313 (part), 1991. Formerly 3.30.120)
3.30.120 Formal bidding procedures.
Except as provided in Section 3.30.090(D) and (E) of this chapter, solicitation of bids and award of contracts for supplies, equipment, maintenance services or public projects with an estimated value in excess of one hundred twenty-five thousand dollars shall be made in accordance with the requirements of the Public Contract Code and the following formal bidding procedures:
A. Plans and Specifications. The council shall adopt any plans, specifications and working details as appropriate for the bid item(s) prior to solicitation for formal bids.
B. Notices Inviting Bids. Notices inviting formal bids shall be prepared describing the bid items in general terms, referencing how to obtain more detailed information about the bid item(s), and stating the time, date and place for submission of sealed bids.
C. Mailing, Publishing and Posting of Notices. Notices inviting formal bids shall be published, mailed and posted as follows:
1. Mailed to all firms on the bidders list at least fourteen days before the date of the bid opening.
2. Published at least once in a newspaper of general circulation within the city at least fourteen calendar days before the date of the bid opening.
3. Posted on the public bulletin board at City Hall at least fourteen calendar days before the date of the bid opening.
4. Other mailings, advertisements, postings and notifications as deemed appropriate by the department head of the requesting agency.
D. Award of Contract. Contracts for bid item(s) let pursuant to formal bidding procedures shall be awarded by the council.
E. No Bids Received. In the event that no bids are received, the council shall have the option of any of the following:
1. Abandoning the purchase or project;
2. Rebidding the purchase or project using formal procedures;
3. Rebidding the purchase or project using informal bidding procedures;
4. For bid items defined as public projects, performing the project by employees of the city by force account;
5. For bid items defined as supplies, equipment or maintenance services, awarding the contract using any other method as deemed appropriate by the council including negotiated contract.
F. Rejection of Bids--Public Projects. At the discretion of the council, any bids presented may be rejected. If after the first invitation for bids all bids are rejected, the city shall state the reasons for rejection and after reevaluating the cost estimates of the project the council shall have the option of any of the following:
1. Abandoning the purchase or project;
2. Rebidding the purchase or project using formal bidding procedures;
3. By passage of a resolution by a four-fifths vote declaring that the project can be performed more economically by the employees of the city, performing the project by force account.
G. Rejection of Bids--Supplies, Equipment and Maintenance Services. At the discretion of the council, any bids presented may be rejected. In the event that all bids are rejected, the council shall have the option of any of the following:
1. Abandoning the purchase or project;
2. Rebidding the purchase or project using formal bidding procedures;
3. Rebidding the purchase or project using informal bidding procedures;
4. Awarding the contract using any other method as deemed appropriate by the council, including negotiated contract. (Ord. 438 (part), 2009: Ord. 313 (part), 1991. Formerly 3.30.130)
3.30.130 Contracts for engineering-related consultant services.
A. Engineering-related consultant services for the purposes of this chapter shall include, but not be limited to, general civil engineering, architectural, surveying and design work for public projects as defined in Section 22002 of the Public Contract Code.
B. Solicitation, award and execution of contracts for engineering-related consultant services in the amount of five thousand dollars or less may be made by the city engineer. For contract amounts in the sum of one hundred twenty-five thousand dollars or less, the city engineer may prepare a report and recommendation to the council without a formal request for proposal.
C. In all other cases, excepting emergencies, the following procedure shall apply:
1. The city engineer shall maintain a list of qualified consultants providing the services set forth above. The list shall contain at least four consultants for each specific category of service. The consultants on the list shall possess the qualifications and competence to perform the duties specified, as determined by the city engineer.
2. Prior to awarding a contract for engineering-related consultant services described herein, the city engineer shall prepare and transmit a request for proposals to the consultants included on the list. The request for proposals shall contain a detailed scope of the services to be performed.
3. The city engineer shall make a report and recommendation to the council including his opinion regarding the price for the proposed services to be rendered.
4. The city council shall consider the report and recommendation of the city engineer and award the contract on the basis of qualifications, demonstrated competence and its determination of whether the price for the proposed services is fair and reasonable.
5. The city shall have the right to reject any and all proposals or portions thereof received in response to the RFP or to negotiate separately with any source, in any manner necessary, to serve the best interests of the city. (Ord. 438 (part), 2009: Ord. 313 (part), 1991. Formerly 3.30.140)
3.30.140 City administrator authorization.
The city administrator shall be authorized to approve and enter into contracts for consultant services described in Section 3.30.130 subject to the following limitations and restrictions:
A. The contract is for a sum not to exceed fifteen thousand dollars to be paid by the city.
B. The contract shall not result in, or potentially require the city to be liable for, a significant loss of money or other thing of value beyond the contract price to the city.
C. The funds required for the payment of the contract shall be included in the city’s approved and current budget for that purpose.
D. The contract has the prior approval of or shall be subject to ratification by the council. Ratification may be in the form of approval of the budgeted demand for payment or partial payment thereof.
E. The contract shall not have, may not result in, nor be the result of, a significant policy decision necessitating prior council review and approval.
F. The contract shall not be for legal services or legal consultation. (Ord. 438 (part), 2009: Ord. 313 (part), 1991. Formerly 3.30.150)
3.30.150 Disposition of city-owned personal property.
Any personal property item which can no longer be used by any department or which has become unsuitable for city use and is surplus shall be sold pursuant to the following procedures:
A. The council shall be informed of the condition of any item proposed for disposition and the determination of the council that such item is surplus shall be obtained before proceeding with disposition.
B. Requests for bids shall be issued and sales shall be made to the highest bidder; provided, however, that sales may be made by public auction or private sale or exchange as deemed appropriate by the city administrator.
C. All sales shall be paid for by cash, certified check or money order payable to the city.
D. The city administrator or his/her designee shall be authorized to sign bills of sale and any other papers or documents evidencing such sales for and on behalf of the city.
E. In the event that no bids or purchase proposals are received for any item offered for sale pursuant to the provisions of this section, the item may be disposed of as deemed appropriate by the city administrator. (Ord. 438 (part), 2009: Ord. 313 (part), 1991. Formerly 3.30.160)