Chapter 2.85
CONTRACTING AND PURCHASING
Sections:
2.85.020 Chief contracting and purchasing officer.
2.85.030 Contracting for equipment and supplies.
2.85.040 Contracting for general services.
2.85.050 Contracting for professional services.
2.85.060 Contracting for on-call professional services.
2.85.070 Contracting for public works projects – Informal bidding.
2.85.080 Contracting for public works projects – Formal bidding.
2.85.090 Contracting – Exemptions.
2.85.100 Contracting authority of employees.
2.85.110 Contracting requirements.
2.85.120 Local preference in contracting and purchasing.
2.85.130 Minority- and women-owned businesses.
2.85.010 Purpose.
The purpose of this chapter is to ensure prudent expenditures of public funds, provide fairness to vendors in the selection process, and to avoid favoritism. [Ord. 24-1521 § 1, 2024.]
2.85.020 Chief contracting and purchasing officer.
The city manager is the chief contracting and purchasing officer of the city. The city manager may delegate his/her duties as chief purchasing officer to other city staff. The chief purchasing officer or his/her designated representative may have additional duties specified by resolution of the city council. The city manager or his/her designated representatives may sign contracts on behalf of the city when authorized by ordinance, resolution or other action of the city council. The city manager is authorized to establish purchasing procedures as an administrative order in compliance with this chapter and applicable law. [Ord. 24-1521 § 1, 2024.]
2.85.030 Contracting for equipment and supplies.
A. Equipment and Supplies Defined. Equipment and supplies are goods procured by the city for the conduct of the city’s business, except equipment and supplies procured by a contractor or subcontractor for a public works project governed by PMC 2.85.070 and 2.85.080.
B. Formal Bidding for Equipment and Supplies.
1. Formal bidding is required for any purchase of equipment and supplies over $50,000.
2. Formal bidding shall contain the following:
a. Notice issued using an invitation to bid template; and
b. If applicable, solicit potential vendors through supplier lists approved by the purchasing officer; and
c. Advertise the invitation to bid on the city website, by advertisement in a newspaper of general circulation, and/or direct mail or email to reputable vendors, at least 10 days before the deadline for submission of bids; and
d. Open the bids at advertised time to determine the lowest responsive bid.
3. The lowest responsive bid shall be recommended to city council for award of the contract.
C. Informal Bidding for Equipment and Supplies.
1. Informal bidding is authorized for any purchase of equipment and supplies in the amount of $50,000 or less.
2. Potential vendors may be solicited using the Request for Quote template through supplier lists, if applicable, notice on the city website, and/or direct mail or email to reputable vendors, at least 10 days before the deadline for submission of quotes.
3. At least three quotes must be solicited for any purchase of equipment and supplies over $10,000, unless fewer than three reputable vendors are available to provide the required equipment or supplies.
4. The city manager or his/her designee is authorized to enter into a contract with the vendor that submits the lowest responsive quote. [Ord. 24-1521 § 1, 2024.]
2.85.040 Contracting for general services.
A. General Services Defined. General services are services from a vendor that do not require a high degree of professional or technical skill, such as janitorial services, general labor, or maintenance. General services do not include professional services as defined in PMC 2.85.050 or public works project services as defined in PMC 2.85.070.
B. A request for proposals (RFP) must be issued when the anticipated cost of general services exceeds $100,000 during the term of the contract, including any potential renewal terms. The RFP should attach the required form of agreement for the general services, subject to approval as to form by the city attorney. The RFP may also require information about the vendor’s qualifications, experience, or other relevant information for the procurement. Cost shall be the highest weighted criterion for the evaluation of proposals. Vendors shall be solicited through lists approved by the purchasing officer, if applicable, direct mail or email, and/or newspaper advertisement. Each RFP must also be posted on the city website.
C. A minimum of three quotes shall be obtained when the anticipated cost of services is $50,000 to $100,000, unless fewer than three reputable vendors are available to provide the required general services. [Ord. 24-1521 § 1, 2024.]
2.85.050 Contracting for professional services.
A. Professional Services Defined. Professional services are services from a specially trained and experienced person, firm, or corporation for special services and advice in financial, economic, accounting, engineering, legal, planning or administrative matters.
B. Procurement and Selection. Selection shall be based on the demonstrated competence, experience and professional qualifications of the vendor necessary for the satisfactory performance of the professional services. In any request for proposals, cost shall be a criterion. [Ord. 24-1521 § 1, 2024.]
2.85.060 Contracting for on-call professional services.
A. On-Call Services Defined. For professional services that may be needed on an occasional basis as need arises, city staff may solicit for professional services providers to be retained under contract for on-call services, following the requirements in PMC 2.85.050.
B. List. A list of qualified professional service providers may be compiled based on responses to the solicitation.
C. Quotes for Task. When a particular task is identified for on-call work, at least three quotes must be obtained from professional service providers on the list or, if there is no list, when the estimated cost of the work is over $50,000, unless there are fewer than three professional service providers listed or available for the type of services needed. [Ord. 24-1521 § 1, 2024.]
2.85.070 Contracting for public works projects – Informal bidding.
A. Public Works Project Defined. Public works project has the same meaning as “public project” as defined in Public Contract Code Section 22002, as may be amended.
B. Informal Bidding Authorized. As authorized by Public Contract Code Section 22034, the city elected to become subject to the California Uniform Public Construction Cost Accounting Act (CUPCCAA) as set forth in Public Contract Code Sections 22000 through 22050, and is therefore permitted to use the informal bidding procedures set forth in Public Contract Code Section 22034. The provisions of CUPCCAA take precedence over any conflicting provisions in Public Contract Code Sections 20160 through 20174. All applicable provisions of the Public Contract Code remain in effect and city contracting is subject to them, unless superseded by conflicting terms under CUPCCAA.
C. Informal Bidding Procedures. A public works project of up to $200,000, or any higher amount as may be established by state law under CUPCCAA, may be let to contract by the informal procedure as set forth in Sections 22032(b) and 22034 of the Public Contract Code, as may be amended.
D. Contractors List Required. The city manager or designee(s) shall develop and maintain a list of qualified contractors identified according to categories that comply with Section 22034 of the Public Contract Code and criteria adopted by the commission (commission). The city manager or his/her designee(s) shall develop and maintain the contractors list by annually mailing or emailing a written notice to construction trade journals designated by the commission as specified by region in the commission’s current Cost Accounting Policies and Procedures Manual, accessed via the commission’s website, inviting all licensed contractors to submit the name of their firm to the city for inclusion on the contractors list of qualified bidders for the following calendar year.
E. Notice for Informal Bidding. For a public works project with the estimated cost set forth in subsection (C) of this section, not less than 10 days before the bids are due, the city manager or his/her designee shall mail or email a written notice inviting bids to (1) all contractors for the category of work to be bid as shown on the contractors list developed in accordance with subsection (C) of this section; and/or (2) all construction trade journals designated by the commission under Public Contract Code Section 22036. Additional contractors and construction trade journals may be notified at the discretion of the city manager or designee. If there is no list of qualified contractors 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.
F. Small Projects. For a public works project of up to $60,000, or any higher amount as may be established by state law, the city may perform the project by city employees, by force account, by negotiated contract or by purchase order as authorized by Section 22032(a) of the Public Contract Code, as may be amended, or the city may elect to follow the informal bidding procedure set forth in this section and state law.
G. Award Authority. The city manager or his/her designee is authorized to award contracts subject to the informal bid or small project requirements in this section.
H. Bid Over Informal Bid Limit. If all bids received on a public works project under the procedure set forth in this section are in excess of the amount set forth in subsection (C) of this section, the city council may award the contract at an amount authorized by state law to the lowest responsible bidder if the council determines by adopting a resolution by at least four-fifths vote that the city’s original cost estimate was reasonable. [Ord. 24-1521 § 1, 2024.]
2.85.080 Contracting for public works projects – Formal bidding.
A. Any contract for a public works project which exceeds the informal bid threshold in PMC 2.85.070 shall be procured in compliance with formal bidding requirements in Section 22037 of the Public Contract Code, as may be amended.
B. A public works project of more than $1,000,000 is subject to project stabilization agreement unless exempt. [Ord. 24-1521 § 1, 2024.]
2.85.090 Contracting – Exemptions.
The following shall be exempt from bidding requirements of this chapter:
A. Piggyback Contracting. Contracting may be done through a contract entered into by another public agency if the city attorney determines the contract is acceptable as to form and (1) the contracting procedure was substantially similar to the city’s required procedure for a contract of the same type and dollar amount, or (2) the contract is identified by the State of California Procurement Department.
B. Cooperative Contracting. Contracting may be done through a contract entered into by a cooperative entity if the contracting procedure was substantially similar to the city’s required procedure of the same type and dollar amount, provided the city attorney determines the contract is acceptable as to form.
C. Emergency Contracting.
1. Public Work Projects Subject to Bidding. In the case of a sudden, unexpected occurrence that poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services, the city manager is authorized to purchase repairs or replacement of any public facility, procure necessary equipment, services and supplies, without giving notice for bids to let contracts, in compliance with Public Contract Code Section 22050.
2. All Other Contracts. In the case of a sudden, unexpected occurrence that poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services, the city manager may enter into a contract up to $150,000, without city council approval or compliance with other procedures set forth in this chapter.
D. Design-Build. Public works projects may be procured on a design-build basis subject to the requirements and limitations of Public Contract Code Sections 22160 through 22169, and Section 22170 et seq., as may be amended.
E. Other. Based on unique fact or circumstances and a recommendation with justification from the affected department director, the city manager after consultation with the city attorney may waive one or more purchasing procedures if they determine the interests of the city are best served and waiver complies with relevant law. This exception includes but is not limited to the circumstances when equipment or services are available only from one vendor, or equipment from a particular manufacturer is necessary for optimal functioning with existing equipment, rendering solicitation futile. [Ord. 24-1521 § 1, 2024.]
2.85.100 Contracting authority of employees.
A. City Council Authorization. Except as authorized in this chapter, no contract or purchase may be made without the prior authorization of city council.
B. City Manager Authorization. The city manager is authorized to contract or purchase in the amount of $75,000 or less, except that the city manager is authorized to purchase electric utility equipment or supplies in the amount of $250,000 or less. The city manager is authorized to delegate authority to contract or purchase to any employee so long as the delegation is in writing. A department head is authorized to enter into a contract in the amount of $50,000 or less.
C. City Attorney Authorization. The city attorney is authorized to contract or purchase professional legal services, professional services related to legal matters, general services, and supplies, in the amount of $75,000 or less. [Ord. 24-1521 § 1, 2024.]
2.85.110 Contracting requirements.
A. All contracts must be in writing.
B. All contracts must set forth the total maximum compensation.
C. Bid splitting is prohibited. “Bid splitting” means to divide a transaction into separate contracts to avoid the requirement to obtain city council approval or use competitive bidding.
D. For any multi-year contract, adequate funds must be available to fulfill the first fiscal year’s obligation and the time of contract execution. Subsequent years’ appropriations are subject to city council authorization unless allowed pursuant to state law and the terms of the contract.
E. Any contract for a duration of more than seven years must be approved by city council regardless of the dollar amount.
F. Any contract in the amount of $10,000 or more must be reviewed and signed approving as to form by the city attorney.
G. A contract approved by city council may be amended to increase the compensation amount when the city council has approved a contingency amount and the increase is equal to or less than the contingency, or when the amount of the increase is less than $25,000.
H. Only the city attorney may enter into a contract for outside counsel services. [Ord. 24-1521 § 1, 2024.]
2.85.120 Local preference in contracting and purchasing.
The city shall provide a three percent preference for local vendors when soliciting for contracts up to $50,000. To qualify for the preference, the purchase must be subject to sales tax collection. The vendor must hold a current Pittsburg business license and be located in Pittsburg. This section does not apply to public works projects subject to informal or formal bidding, or to federally funded projects subject to procurement standards in 2 CFR Sections 200.318 through 200.327, as may be amended. [Ord. 24-1521 § 1, 2024.]
2.85.130 Minority- and women-owned businesses.
It is the city’s policy to give minority suppliers an opportunity to compete on an equal basis with all other vendors in the competitive marketplace. One of the responsibilities of the city manager or designee is to seek out and identify qualified minority- and women-owned businesses and assist them in becoming familiar with the city’s requirements for city purchases. [Ord. 24-1521 § 1, 2024.]