City Of Albany Charter Information

SECTION 4.03. CONTRACT WORK.

(a) A project for the erection, improvement, and repair of public buildings and works.
(b) Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow.
(c) Street or sewer work, except maintenance or repair.
(d) Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers.
The City Council shall by ordinance set threshold limits for the requirements for formal competitive bidding and shall establish such other procedures as are necessary for undertaking the completion of any public projects.
It shall be unlawful to split or separate into smaller work orders or projects any public work project for the purpose of evading the provisions of this section requiring public work to be done by contract after competitive bidding.
The notice inviting bids shall set a date for the opening of bids. The first publication or posting of the notice shall be at least ten (10) days before the date of the opening of bids. Notice shall be published at least twice, not less than five (5) days apart, in a newspaper of general circulation published in the City, or if there is none, it shall be posted in at least three (3) public places in the City that have been designated by ordinance as the places for posting public notices. The notice shall distinctly state the project to be done.
In its discretion, the Council may reject any bids presented and readvertise. If two (2) or more bids are the same and the lowest, the Council may accept the one it chooses. If no bids are received the Council may have the project done without further complying with this section.
After rejecting bids, the Council may pass a resolution by a four-fifths vote of its members declaring that the project can be performed more economically by day labor, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, it may have the project done in this manner stated without further complying with this section.
If there is a great public calamity, as an extraordinary fire, flood, storm, epidemic, or other disaster, or if it is necessary to do emergency work to prepare for a national or local defense, the Council may pass a resolution by a four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. Upon adoption of the resolution, it may expend any sum required in the emergency without complying with this section. (Amended, ratified, April 19, 1977; April 21, 1981; November 4, 2008)

SECTION 4.04. PUBLIC IMPROVEMENTS AND STREET WORK. All public improvements, including the improving, widening, or opening of streets or highways may be done under and in pursuant of the general laws of the State, or procedure ordinance adopted by the Council or the electors, and the whole or any portion of the cost thereof paid out of the City Treasury or assessed on the property benefited.

Ordinance

13-5 THRESHOLDS FOR CONTRACT PROCUREMENT.

a. When a contract provides for an expenditure of less than thirty thousand ($30,000.00) dollars, the Community Development Director, or designee, with the approval of the Finance Director, may award the contract, but shall seek competitive prices either orally or in writing.

b. When a contract provides for an expenditure greater than thirty thousand ($30,000.00) dollars, but equal to or less than one hundred thousand ($100,000.00) dollars, the Community Development Director, or designee, with the approval of the Finance Director, may award the contract, but shall solicit written price quotations from at least three potential sources.

c. When a contract provides for an expenditure greater than one hundred thousand ($100,000.00) dollars, the Purchasing Agent may award the contract only after a formal bid process as set forth in this section.
(Ord. #09-04, §1)

13-6 BID INITIATION; WHEN ADVERTISING IN OFFICIAL NEWSPAPER REQUIRED FOR PUBLIC WORKS CONTRACT.

a. Major public works contracts that provide for an expenditure of more than one hundred thousand ($100,000.00) dollars shall be advertised a minimum of two (2) times, in accordance with the City Charter; provided, however, that no advertising shall be required for a sole source contract certified by the City Administrator in accordance with Section 13-20.

b. The City Administrator, or designee, may award minor public works contracts without advertising, in accordance with regulations adopted by the City Administrator consistent with this section. The Administrator’s regulations shall ensure that the City seeks competitive prices either orally or in writing and shall ensure that the City Administrator has taken those prices under consideration before a minor public works contract is awarded.

(Ord. #09-04, §1)