Chapter 2.76
PURCHASES*
2.76.010 Purpose and objectives—Exemption from provisions of the California Public Contract Code.
2.76.030 Applicability of chapter.
2.76.040 Unauthorized purchases—Exceptions.
2.76.050 Declaration of policy.
2.76.060 Administrative procedures.
2.76.070 Centralized purchasing.
2.76.080 Exemptions from centralized purchasing.
2.76.100 Estimates of requirements.
2.76.112 Open market purchasing.
2.76.113 Informal bid purchases.
2.76.120 Formal contract procedure.
2.76.122 Piggyback onto existing contract.
2.76.125 Sole source procurements.
2.76.126 Exceptions to bidding requirements.
2.76.130 Purchasing utilizing federal grant funding.
2.76.150 Public projects—Informal bidding procedures.
2.76.160 Public projects—Formal bidding procedure.
2.76.170 Purchasing table summary.
* Prior ordinance history: Ord. 912, 1980; Ord. 1032, 1985.
2.76.010 Purpose and objectives—Exemption from provisions of the California Public Contract Code.
The purpose of this chapter is to establish efficient procedures for the purchase of goods and services for the city and for the award of public work contracts at the lowest possible cost commensurate with quality needed to exercise positive financial control of purchases and to clearly define the authority for the purchasing function. The city of Marysville shall not be subject to the California Public Contract Code, in whole or in part, unless a specific provision of the Marysville Municipal Code provides for the application of the California Public Contract Code to a specific issue. (Ord. 1443 § 1, 2022; Ord. 1121 (part), 1991).
2.76.020 Definitions.
For the purpose of this chapter, the following words and phrases have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) "Purchase" means and includes rental or leasing of goods or services as well as anything bought by or on behalf of the city of Marysville.
(2) "Goods" means and includes materials, supplies and equipment, including items required for the repair or maintenance of any equipment, facilities, buildings, streets, sewer or water works.
(3) "Services" means and includes acts performed by individuals or organizations acting as independent contractors.
(4) "Purchasing agent" shall mean the finance director.
(5) "Responsive bid" means an offer, submitted by a responsible bidder in the form required by the city, to furnish supplies, materials, equipment or contractual services in conformity with the specification, delivery terms and conditions, and other requirements included in the invitation for bids.
(6) "Responsible bid" means a bidder who submits a responsive bid and who has furnished, when requested, information and data to prove that it meets the requirements of Section 2.76.120(2).
(7) (A) "Public project" means any of the following:
(i) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility;
(ii) Painting or repainting of any publicly owned, leased, or operated facility.
(B) "Public project" does not include maintenance work. For purposes of this chapter, "maintenance work" includes all of the following:
(i) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes;
(ii) Minor repainting;
(iii) Resurfacing of streets at less than one inch;
(iv) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems;
(v) Work performed to keep, operate, and maintain publicly owned utility system.
(C) For purposes of this chapter, "facility" means any plant, building, structure, ground facility, utility system, real property, streets, or other public work improvement. (Ord. 1452 § 1, 2024; Ord. 1370 § 1 (part), 2014; Ord. 1356 § 2 (part), 2013; Ord. 1266 § 1, 2001; Ord. 1121 (part), 1991).
2.76.030 Applicability of chapter.
All purchases of goods and services shall be made in accordance with the provisions of this chapter. (Ord. 1121 (part), 1991).
2.76.040 Unauthorized purchases—Exceptions.
It is unlawful for any officer or employee to purchase goods and services by methods other than herein prescribed. Any purchases, contracts or obligations to pay made contrary to the provisions of this chapter, or related administrative procedures adopted pursuant to Section 2.76.060, shall be null and void. (Ord. 1121 (part), 1991).
2.76.050 Declaration of policy.
The city shall pay the least amount possible for what is deemed necessary with consideration given, among other things, to:
(1) The quality of the goods;
(2) The ability, capacity and skill of the provider to perform the service;
(3) The ability of the provider to perform the service within the time specified, without delay;
(4) The character, integrity, reputation, judgment, experience and efficiency of the provider;
(5) The quality of the provider’s performance on previous purchases by, or contracted with, the city; and
(6) The ability of the provider to provide further maintenance, repair parts and services for goods provided. (Ord. 1121 (part), 1991).
2.76.060 Administrative procedures.
The city council by resolution may approve administrative procedures sufficient to carry out the intent of this chapter. (Ord. 1121 (part), 1991).
2.76.070 Centralized purchasing.
Subject to the provisions of this chapter, the purchasing agent shall have the power and duty to purchase or contract for goods and services needed by any and all departments of the city. (Ord. 1121 (part), 1991).
2.76.080 Exemptions from centralized purchasing.
The finance director shall be authorized to process for payment those claims against the city for essential services of a recurring nature. Included, but not limited within this authorization, shall be such items as utility services for telephone, electricity and gas, approved claims for liability under the city’s insurance program, renewal premiums for authorized insurance policies, and all expenditures for the city’s payroll and employee withholdings. In addition, the following shall be excluded from the duties of the purchasing agent:
(1) The employment by contract or otherwise of persons providing professional or specialized services such as, but not limited to, services rendered by architects, attorneys, engineers and other specialized consultants;
(2) The printing of legal briefs, court transcripts or other records of judicial proceedings;
(3) Rental of construction equipment;
(4) Contracts for construction of any type or maintenance of city roads, or work incidental thereto;
(5) Common carrier transportation;
(6) Items exempt by law or by specific order of the city council;
(7) Ordinary travel and training expenses;
(8) Services performed or expenditures made for the direct protection and benefit of persons and property as a result of an emergency in accordance with Section 2.76.090.
The purchasing agent may authorize in writing any department to purchase or contract for certain specified classes of goods and services where purchases are subject to master purchase agreements or contracts, or where purchases may be made more expeditiously than by requisition to the purchasing agent, but such purchases or contracts shall be made in conformity with this applicable provisions of this chapter. The purchasing agent may also rescind such authorization to purchase independently, by written notice to the department or departments concerned. (Ord. 1452 § 2, 2024; Ord. 1121 (part), 1991).
2.76.090 Emergency purchases.
Emergency purchases may be made by the city manager or designee if the purchasing agent is not immediately available and the item or items to be purchased is immediately necessary for the continued operation of a department or for the preservation of life and property. The purchasing agent or, in his absence, the city manager, may make emergency purchases free of the provisions of this chapter upon a showing by any department or officer that such purchase is required for the health, safety and welfare of the community or for the protection of property and that there is a present, immediate and existing emergency which could not reasonably be foreseen. The purchasing agent shall promptly notify the city manager of any such emergency purchases, and shall submit monthly to the city council a list of all emergency purchases made pursuant to this section during the preceding month, together with an explanation of the circumstances of each. (Ord. 1355 § 1 (part), 2013: Ord. 1309 § 8 (part), 2007; Ord. 1266 § 2, 2001; Ord. 1121 (part), 1991).
2.76.100 Estimates of requirements.
All departments shall file with the purchasing agent detailed estimates of their requirements for goods and services in such manner, at such times, and for such future periods as the purchasing agent shall prescribe. (Ord. 1121 (part), 1991).
2.76.110 Requisitions.
Each department, or division thereof, shall utilize the form of requisition to be prescribed by the purchasing agent. No purchase requisition shall be initiated unless the department has a sufficient unencumbered balance in excess of all unpaid obligations to defray the amount of such order. (Ord. 1121 (part), 1991).
2.76.112 Open market purchasing.
Purchases of goods and services except public projects as defined in Section 2.76.020(7) with sufficient funds appropriated for the purpose, up to two thousand dollars in estimated value, may be made in the open market by an employee authorized by their department director in writing. Purchases up to two thousand dollars shall require no quotations.
Purchases of goods and services except public projects as defined in Section 2.76.020(7) with sufficient funds appropriated for the purpose, greater than two thousand dollars and up to five thousand dollars as prescribed by the purchasing agent, may be made in the open market by an employee authorized by their department director in writing. Purchases up to five thousand dollars may be via written quotation, negotiated contract, or purchase order.
Purchases of goods and services except public projects as defined in Section 2.76.020(7) with sufficient funds appropriated for the purpose, greater than five thousand dollars and up to fifty thousand dollars, may be made in the open market. No less than three vendors shall be solicited to submit written quotations. Award shall be made to the responsible vendor offering the lowest acceptable quotation. The names of the vendors submitting quotations, the date, and the amount of the quotation shall be recorded and maintained as a public record.
(1) Purchases up to twenty-five thousand dollars may be approved by the department director for which funds were appropriated prior to purchase. The director may reject any and all bids, offers, or quotations when, at the director’s discretion, it shall be in the best interest of the city to do so.
(2) Purchases greater than twenty-five thousand dollars must be approved by the purchasing agent prior to purchase. The purchasing agent may reject any and all bids, offers, or quotations when, at the purchasing agent’s discretion, it shall be in the best interest of the city to do so. (Ord. 1452 § 3, 2024; Ord. 1266 § 4, 2001; Ord. 1265 § 1, 2001: Ord. 1121 (part), 1991. Formerly 2.76.130).
2.76.113 Informal bid purchases.
Purchases of goods and services except public projects as defined in Section 2.76.020(7) with sufficient funds appropriated for the purpose, greater than fifty thousand dollars and up to one hundred thousand dollars, may be made by the director with purchasing agent approval and awarded through city council in the open market through the informal bid process.
(1) A notice inviting informal bids shall be published on the city’s website and advertised in at least one local newspaper outlet. Publishing and advertising shall be completed not less than ten calendar days before bids are due. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids.
(2) Written bids shall be submitted at the time and place stated in the notice inviting bids.
(3) Receipt and Award of Bids. A tabulation of all bids received shall be submitted to the purchasing agent for award of the contract. The contract shall be awarded to the lowest responsible bidder in accordance with Section 2.76.160(2).
(4) Forms of Contract. All contracts made through informal bidding shall be in writing, approved by the city attorney and executed in the name of the city by the mayor and city clerk.
(5) Rejection of Bid. The city council may reject any and all bids for any reason whatsoever. When all bids are rejected, the city council may authorize any of the following:
(A) Reinvite bids; or
(B) Upon majority vote, direct the city clerk, or their designee, to negotiate with bidders.
(6) Award of Contract. Informal contracts shall be awarded by vote of the council to the lowest possible bidder except as otherwise provided herein. The council may waive any informality or immaterial irregularity in any bid. (Ord. 1452 § 4, 2024).
2.76.120 Formal contract procedure.
Purchases of goods and services except public projects as defined in Section 2.76.020(7) with sufficient funds appropriated for the purpose, of an estimated value of one hundred thousand dollars or more, shall be by written contract with the lowest responsible bidder whose bid has been solicited, received and approved pursuant to the following procedure:
(1) Bidding Requirements.
(A) Exceptions to Bidding Requirements. The requirements of the section requiring the award of contracts by competitive bidding shall not apply:
(i) When, after advertising for bids as required herein, no responsive bids are received;
(ii) When, upon a majority vote of the city council it is determined that it is in the best interests of the city to suspend competitive bidding for any purchase or contract;
(iii) When the contract involves the obtaining of professional or specialized services such as, but not limited to, services rendered by architects, attorneys, engineers and other specialized consultants;
(iv) When an emergency purchase must be made in accordance with Section 2.76.090;
(v) Where cooperative purchasing agreements approved by the city council permit purchases of goods and services through legal contracts of other public agencies;
(vi) When, after awarding a contract, the city council approves a change order pursuant to the provisions in Section 2.76.140(5);
(vii) When it is advantageous to the city, the city manager, on approval by the city council, may direct the purchase of surplus supplies from the United States government, or any agency thereof, or from the state of California, or any agency thereof, or any public body, without compliance with the competitive bidding requirements of this chapter.
(B) Invitation for Bids. Bids shall be invited by notice in the following form and published as follows:
(i) Notice of inviting bids shall include the following statement:
(a) A general description of the goods or services to be purchased;
(b) Whether the successful bidder will be required to provide service within the city of Marysville for the item purchased;
(c) The location where bid blanks and specifications may be secured;
(d) The time and place for opening bids;
(ii) Notice inviting bids shall be published at least once in a newspaper of general circulation in the city, said notice to be published ten days or more prior to the date set for bid opening.
(C) Opening and Public Record.
(i) Written bids shall be submitted to the city clerk in sealed envelopes;
(ii) Bids shall be opened in public at the time and place stated in public notices;
(iii) A tabulation of all bids received shall be open for public inspection during regular business hours for a period not less than thirty calendar days after the bid opening.
(D) Rejection of Bid. The city council may reject any and all bids for any reason whatsoever. When all bids are rejected, the city council may authorize any of the following:
(i) Reinvite bids; or
(ii) Upon majority vote, direct the city clerk or his designee to negotiate with bidders.
(2) Award of Contract. Formal contracts shall be awarded by vote of the council to the lowest possible bidder except as otherwise provided herein. The council may waive any informality or immaterial irregularity in any bid. In addition to price in determining the lowest responsible bidder under the provisions of this chapter, consideration shall be given to:
(i) The quality of the supplies to be provided by the bidder;
(ii) The ability, capacity and skill of the bidder to perform the contract or effectuate the transaction;
(iii) The ability of the bidder to perform the contract or effectuate the transaction within the time specified, without delay;
(iv) The character, integrity, reputation, judgment, experience and efficiency of the bidder;
(v) The quality of the bidder’s performance on previous purchases by, or contracted with, the city; and
(vi) The ability of the bidder to provide further maintenance, repair parts and services for supplies provided.
(A) Local Bidder. The bid of any bidder from within the city shall be computed by subtracting from his bid the amount of sales tax that would be received by the city.
(B) Tie Bids. Subject to the provisions of Article V, Section 4 of the charter, if two or more bids received from responsible bidders are equal in price and quality, the city council may:
(i) Reinvite bids; or
(ii) Choose one bid over the other.
(C) Alternative Award upon Failure of Bidder to Enter into Contract. If the bidder to whom the contract is awarded shall fail to enter into the contract as required, the city council may declare the award to that bidder a nullity and award the contract to the next lowest bidder or authorize any of the actions outlined in subsection (1)(D) of this section.
(3) Forms of Contract. All contracts made through formal bidding shall be in writing, approved by the city attorney and executed in the name of the city by the mayor and city clerk.
(4) Annual Purchase Orders. Where small items are purchased throughout the year as needed resulting in a relatively large order (such as office supplies, auto parts, hardware), the purchasing agent may seek bids pursuant to this section from a supplier to supply the city’s requirements for a year. The bid may take any reasonable form such as a listing with fixed prices or a fixed discount rate to be applied to current list prices. (Ord. 1452 § 5, 2024; Ord. 1309 § 8 (part), 2007; Ord. 1266 § 3, 2001: Ord. 1121 (part), 1991).
2.76.121 Cooperative bidding.
The city may participate in purchases and contracts conducted by other political jurisdictions; provided, that the cooperative agreement is established following a competitive bid process. In a cooperative purchase, one agency represents several agencies by soliciting bids including the needs of the other agencies in the bid specifications. This higher product volume may result in lower costs for all agencies, and also reduces the time and cost of the city administering its own bid process.
Needed documentation includes:
(1) Copy of the other jurisdiction’s bid document(s).
(2) Any city council action awarding the contract.
(3) The contract documents. (Ord. 1452 § 6, 2024).
2.76.122 Piggyback onto existing contract.
"Piggybacking" is the use of an existing contract for goods between another government agency and a vendor for purchase of those same goods. When piggybacking onto a contract, the city must use the terms of the contract and the price of the item must be as specified in the contract or awarding document. The contract for consideration must have been awarded through a competitive bidding process prepared and awarded by another local, state, or federal government agency.
Needed documentation includes:
(1) Copy of the other jurisdiction’s bid document(s).
(2) Any city council action awarding the contract.
(3) The contract documents. (Ord. 1452 § 7, 2024).
2.76.125 Sole source procurements.
(1) For Purchases of Less Than Fifty Thousand Dollars. Prior to submitting a purchase request, the requesting department shall conduct a survey of available sources to determine whether there is only one source for the required supply, equipment, or service. After reviewing this request by the purchasing agent and approved by the city manager, a contract may be awarded without competition. The purchasing agent, or their designee, shall conduct negotiations, as appropriate, as to price, delivery and terms. The requesting department director shall prepare a statement of the basis for the sole source determination and the waiver of bid and submit it to the purchasing agent for filing with the finance department.
(2) For Purchases of Fifty Thousand Dollars or Greater. Where the city council determines, based upon staff conducting a good faith review of available sources or staff recommendation of the city’s need for unique or custom goods or services, that there is only one source for the required supply, service or material, the city council may approve by four-fifths vote a sole source purchase without a competitive bid process. (Ord. 1452 § 8, 2024).
2.76.126 Exceptions to bidding requirements.
The requirements of the section requiring the award of contracts by competitive bidding shall not apply:
(1) When, after advertising for bids as required herein, no responsive bids are received;
(2) When, upon a majority vote of the city council it is determined that it is in the best interests of the city to suspend competitive bidding for any purchase or contract;
(3) When the contract involves the obtaining of professional or specialized services such as, but not limited to, services rendered by architects, attorneys, engineers and other specialized consultants;
(4) When an emergency purchase must be made in accordance with Section 2.76.090;
(5) Where cooperative purchasing agreements or piggyback to an existing contract, approved by the city council, permit purchases of goods and services through legal contracts of other public agencies;
(6) When, after awarding a contract, the city council approves a change order pursuant to the provisions in Section 2.76.140(5);
(7) When it is advantageous to the city, the city manager, on approval by the city council, may direct the purchase of surplus supplies from the United States government, or any agency thereof, or from the state of California, or any agency thereof, or any public body, without compliance with the competitive bidding requirements of this chapter; and
(8) When, upon staff conducting a good faith review of available sources of the city’s need for unique or custom goods or service, that there is only one source for the required supply, service or material. (Ord. 1452 § 9, 2024).
2.76.130 Purchasing utilizing federal grant funding.
When purchasing goods and services under a federal grant award, the city is required to follow the provisions of the Uniform Guidance Procurement Standards (2 CFR 200.318 through 200.326). Where thresholds differ between the city and federal procurement policies, the city will follow the most restrictive rule. (Ord. 1452 § 10, 2024).
2.76.140 Public projects.
Public projects shall be performed according to the following:
(1) Public projects of ten thousand dollars or less may be performed by city employees, by force account, by negotiated contract, or by purchase order.
(2) Public projects greater than ten thousand dollars and up to sixty thousand dollars may be performed by city employees, by force account, or shall be made in the open market with no less than three contractors asked to submit written quotations. The award shall be made to the responsible contractor offering the lowest acceptable quotation with approval from the purchasing agent. The names of the vendors submitting quotations, the date, and the amount of the quotation shall be recorded and maintained as a public record.
(3) Public projects of two hundred thousand dollars or less may be let to contract by informal bidding procedures as set forth in Section 2.76.150.
(4) Public projects of more than two hundred thousand dollars, except as otherwise provided in this chapter, be let to contract by formal bidding procedures as set forth in Section 2.76.160.
(5) Field Change Orders.
(A) The city council may authorize an amendment in the field to a contract awarded pursuant to this section not exceeding twenty-five percent of the original contract amount;
(B) The public works director or his designee may authorize an amendment in the field to a contract awarded pursuant to this section not exceeding the lesser of ten percent of the original contract amount, or twenty-five thousand dollars; provided, that one of the following conditions is met:
(i) Emergency work is necessary to safeguard life, health or property;
(ii) Additional work is necessary to comply with any law, regulation or order; or
(iii) Unexpected conditions arise which need attention to permit the project to proceed as scheduled.
(6) The requirements requiring the award of contract for public projects by competitive bidding shall not apply:
(A) Bidding Requirements.
(i) When, after advertising for bids as required herein, no responsive bids are received;
(ii) When, upon a majority vote of the city council, it is determined that it is in the best interests of the city to suspend competitive bidding for any purchase or contract;
(iii) When an emergency purchase must be made in accordance with Section 2.76.090;
(iv) Where cooperative purchasing agreements approved by the city council permit purchases of goods and services through legal contracts of other public agencies;
(v) When, after awarding a contract, the city council approves a change order pursuant to the provisions in this chapter. (Ord. 1452 § 11, 2024; Ord. 1266 § 5 (part), 2001).
2.76.150 Public projects—Informal bidding procedures.
Contracts to be let by informal bidding procedures shall be by written contract with the lowest responsible bidder whose bid has been solicited, received, and approved pursuant to the following procedure. The city engineer shall maintain a list of qualified contractors, identified according to categories of work, and a list of local construction trade journals.
(1) A notice inviting informal bids shall be mailed to all contractors on the list for the category of work being bid and construction trade journals on the list. All mailing of notices to contractors and construction trade journals shall be completed not less than ten calendar days before bids are due.
The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids.
(2) Written bids shall be submitted at the time and place stated in the notice inviting bids.
(3) Receipt and Award of Bids. A tabulation of all bids received shall be submitted to the council for award of the contract. The contract shall be awarded to the lowest responsible bidder in accordance with Section 2.76.160(2). The city council may reject any and all bids for any reason whatsoever. If the city council rejects all bids, it may authorize any of the following:
(A) Reinvite bids using same plans and specifications, or split project into various phases and reinvite bids on one or more phases;
(B) Upon majority vote, direct the public works director or his designee to negotiate with bidders; or
(C) Upon majority vote, direct the public works director or his designee to perform the duties of a general contractor by:
(i) Purchasing goods and services pursuant to the chapter; and/or
(ii) Using city resources and employees.
(4) Forms of Contract. All public project contracts made through informal bidding shall be in writing, approved by the city attorney and executed in the name of the city by the mayor and city clerk.
(5) Performance and Payment Bonds. Whenever the city council deems it advisable, it may require that a faithful performance bond and/or a labor and materials (payment) bond, or a line of credit or any combination thereof be given on any contract in an amount determined to be sufficient up to and including one hundred percent of the contract price. Such bond shall be approved as to form by the city attorney.
(6) Progress Payments on Contracts. Any contract may provide for progress payments to the contractor based on the percentage of value of work performed. No such payments, however, shall exceed ninety percent. Final payment shall not be made before all of the following conditions are met:
(A) The completion of the work to be performed;
(B) The acceptance by the city council of the work performed;
(C) The time for filing liens as provided by law has expired. (Ord. 1452 § 12, 2024; Ord. 1266 § 5 (part), 2001).
2.76.160 Public projects—Formal bidding procedure.
Purchases of goods and services (including all construction projects except public projects and maintenance as defined in Section 2.76.020(7)) of an estimated value in excess of two hundred thousand dollars shall be by written contract with the lowest responsible bidder whose bid has been solicited, received and approved pursuant to the following procedure:
(1) Bidding Requirements.
(A) Exceptions to the Bidding Requirements. The requirements of the section requiring the award of contracts by competitive bidding shall not apply:
(i) When, after advertising for bids as required herein, no responsive bids are received;
(ii) When, upon a majority vote of the city council it is determined that it is in the best interest of the city to suspend competitive bidding for any purchase or contract;
(iii) When the contract involves the obtaining of professional or specialized services such as, but not limited to, services rendered by architects, attorneys, engineers and other specialized consultants.
(iv) When an emergency purchase must be made in accordance with Section 2.76.090;
(v) When, after awarding a contract, the city council approves a change order pursuant to the provisions in Section 2.76.140(5);
(B) Invitation for Bids. Bids shall be invited by notice in the following form and published as follows:
(i) Notice of inviting bids shall include the following statement:
(a) A general description of the goods or services to be purchased;
(b) The location where bid blanks and specifications may be secured;
(c) The time and place for opening bids;
(d) The type and character of bidder’s security required;
(e) The type and character of performance bond, and labor and material bond required, if any;
(ii) Notice inviting bids shall be published at least once in a newspaper of general circulation in the city, said notice to be published ten days or more prior to the date set for bid opening.
(C) Security Required. Each bidder shall be required to submit with the bid as bid security, either in cash, by cashier’s check or by certified check in favor of and payable at sight to the city of Marysville, or by surety bond, ten percent of the aggregate amount of the bid. If the bidder to whom the contract is awarded shall, for ten calendar days after receipt of such award, fail or neglect to enter into the contract and file the required bonds, the bid security shall be forfeited and the city clerk shall draw the money due on such bid security and pay the same, or any cash deposited, into the city treasury. The bid security shall not be returned to the defaulting bidder in such case unless the city council approves the return thereof in whole or in part.
(D) Opening and Public Record.
(i) Written bids shall be submitted to the city clerk in sealed envelopes;
(ii) Bids shall be opened in public at the time and place stated in public notices;
(iii) A tabulation of all bids received shall be open for public inspection during regular business hours for a period not less than thirty calendar days after the bid opening.
(E) Rejection of Bid. The city council may reject any and all bids for any reason whatsoever. When all bids are rejected, the city council may authorize any of the following:
(i) Reinvite bids using same plans and specifications, or split project into various phases and reinvite bids on one or more phases;
(ii) Upon majority vote, direct the city clerk public works director or his designee to negotiate with bidders; or
(iii) Upon majority vote, direct the city clerk public works director or his designee to perform the duties of a general contractor by:
(a) Purchasing goods and services pursuant to the chapter; and/or
(b) Using city resources and employees.
(2) Award of Contract. A tabulation of all bids received shall be submitted to the council for award of the contract. All public project contracts made through formal bidding shall be awarded by vote of the council to the lowest possible responsible bidder except as otherwise provided herein. The council may waive any informality or immaterial irregularity in any bid. In addition to price in determining the lowest responsible bidder under the provisions of this chapter, consideration shall be given to:
(i) The quality of the supplies to be provided by the bidder;
(ii) The ability, capacity and skill of the bidder to perform the contract;
(iii) The ability of the bidder to perform the contract or effectuate the transaction on within the time specified, without delay;
(iv) The character, integrity, reputation, judgment, experience and efficiency of the bidder;
(v) The quality of the bidder’s performance on previous contracts with the city;
(vi) The ability of the bidder to provide further maintenance, repair parts and services for supplies provided; and
(vii) The quality of a public project to be provided by the bidder.
(A) Tie Bids. Subject to the provisions of Article VI, Section 8 of the charter, if two or more bids received from responsible bidders are equal in price and quality, the city council may:
(i) Reinvite bids;
(ii) Choose one bid over the other; or
(iii) Negotiate with the bidders to receive a low bid.
(B) Alternative Award upon Failure of Bidder to Enter into Contract. If the bidder to whom the contract is awarded shall fail to enter into the contract as required, the city council may declare the award to that bidder a nullity and award the contract to the next low bidder or authorize any of the actions outlined in subsection (1)(E) of this section.
(3) Forms of Contract. All contracts shall be in writing, approved by the city attorney and executed in the name of the city by the mayor and city clerk.
(4) Performance and Payment Bonds. Whenever the city council deems it advisable, it may require that a faithful performance bond and/or a labor and materials (payment) bond, or a line of credit or any combination thereof be given on any contract in an amount determined to be sufficient up to and including one hundred percent of the contract price. Such bond shall be approved as to form by the city attorney.
(5) Progress Payments on Contracts. Any contract may provide for progress payments to the contractor based on the percentage of value of work performed. No such payments, however, shall exceed ninety percent. Final payment shall not be made before all of the following conditions are met:
(A) The completion of the work to be performed;
(B) The acceptance by the city council of the work performed;
(C) The time for filing liens as provided by law has expired. (Ord. 1452 § 13, 2024; Ord. 1266 § 5 (part), 2001).
2.76.170 Purchasing table summary.
|
Contract Amount |
Bidding Process |
Authorization Required |
|---|---|---|
|
$2,000.00 or less |
None |
Department director or designee |
|
$2,000.01 - $5,000.00 |
Written quotation, negotiated contract, purchase order, or sole source justification |
Department director or designee (sole source must be approved by director) |
|
$5,000.01 - $25,000.00 |
Minimum of three vendors solicited for quotes or sole source justification |
Department director (sole source must be approved by purchasing agent) |
|
$25,000.01 - $50,000.00 |
Minimum of three vendors solicited for quotes or sole source justification |
Department director with purchasing agent approval (sole source must be approved by purchasing agent) |
|
$50,000.01 - $100,000.00 |
Informal bidding procedure or sole source justification |
City council |
|
$100,000.01 or greater |
Formal bidding procedure or sole source justification |
City council |
|
Any amount during a declared state of emergency or sole source justification |
None |
City manager/city council |
|
Public Projects $10,000 or less |
Written quotation, negotiated contract, or purchase order |
Department director or designee |
|
Public Projects $10,000.01 - $60,000.00 |
Minimum of three vendors solicited for quotes |
Department director with purchasing agent approval |
|
Public Projects $60,000.01 - $200,000.00 |
Informal bidding procedure |
City council |
|
Public Projects $200,000.01 or greater |
Formal bidding procedure |
City council |
|
Professional or Specialized Services |
|
|
|
$25,000 or less |
N/A |
City manager |
|
$25,001 or above |
N/A |
City council |
(Ord. 1452 § 14, 2024).