Purchasing, Contracts, Franchises, Improvements and Property
SECTION 1205. CONTRACT WORK AND PURCHASES.
(a) Contract Work. Every contract involving an expenditure of City moneys over an amount set by Ordinance for public works construction shall be let to the lowest responsible bidder after notice by publication in a newspaper of general circulation by two (2) insertions, the first of which shall be at least ten (10) days before the time for opening bids. In the case of an emergency, as established by Ordinance, such contracts may be awarded without advertising for bids and without Council approval. The Council shall have the right to waive any informality or minor irregularity in a bid. The City Manager may reject any and all bids presented and, in his or her discretion, may readvertise for bids, or recommend to the Council to dispense with competitive bidding. If the Council determines to dispense with competitive bidding, it shall do so by resolution, finding that it is in the best interests of the City.
2-2-115: BIDDING ON CONTRACTS FOR MORE THAN ONE HUNDRED THOUSAND DOLLARS UNDER CHARTER SECTION 1205:
Contracts involving an expenditure of City money of more than one hundred thousand dollars ($100,000.00) for public works construction shall be let as follows:
- Solicitation Of Bids: Bids shall be solicited by a notice inviting bids published twice in a newspaper of general circulation, the first publication to be made at least ten (10) working days before the time for opening bid. Addendum (Addenda) to bid documents must be mailed, faxed or sent by electronic transmission to all bidders at least five (5) working days before the bid opening, unless approved by the Purchasing Manager;
- Contents Of Notice: The notice inviting bids shall include a general description of the public works construction to be contracted for, shall state where bid forms and specifications may be obtained, and shall specify the time and place for the receipt and opening of bids;
- Form Of Bid: All bids shall be in writing on the bid forms provided by the City;
- Bid Opening: Bids shall be publicly opened by the Purchasing Manager in the Council chamber, at the time and date set for the bid opening unless the best interests of the City require that the bid opening be postponed, or the location changed. Postponement or relocation may be accomplished by an announcement to that effect at the time and date set for the bid opening or by addendum mailed, faxed or sent by electronic transmission prior to the date set for the opening to all contractors who hold a copy of the plans and specifications. The Purchasing Manager shall tabulate all bids received and forward them to the originating department for recommendation.
- The originating department shall return to the Purchasing Manger the bids, together with the recommendation for the City Manager. The Purchasing Manager will review the recommendation and request a proposed resolution bid award. The resolution and all related documents shall be forward to the City Manager to submit to the Council for review and approval.
- Award shall be made by the Council to the lowest responsible bidder. The Council may reject any and all bids and may order readvertisement in its discretion, or may determine and declare that the work may be performed more economically or more satisfactorily by the City with its own employees. The Council may delegate the power to award contracts under this section to any board, commission, or committee provided for in Title 2, Chapter 1, Article 4 of this code.
- No Bids: If no bids are received, the Purchasing Manager, with the approval of the City Manager, may proceed to have the public works construction done without further competitive bidding;
- Environmental Assessment: No contract shall be awarded for, nor shall any work be performed in the construction of, any public work or improvement pursuant to the provisions of this section which may have a significant effect on the environment until an environmental impact report or related document is prepared, processed and considered in accordance with the provisions of Title 9, Chapter 3, Article 1 of this code, unless the project is otherwise exempt from the provisions of that article.
- Letting Of Contracts Without Bids: Contracts may be let without advertising for bids if deemed by the Council to be of urgent necessity for the preservation of life, health, property or otherwise in the best interest of the City and shall be authorized by resolution passed by at least four (4) affirmative votes of the Council and containing a declaration of the facts constituting the urgency or benefit. [Formerly numbered Section 9-113; amended by Ord. No. 3600, eff. 8/31/02; 3498, 3478, 3395, 3282, 3058, 2383, 2281.]