Section 300. Public Works Contracts.
Except as provided by City ordinance or by agreement approved by the City Council, the City of Palmdale, as a Charter City, is exempt from the provisions of the California Public Contracts Code and from the provisions of any other California statute regulating public contracting and purchasing. The City shall have the power to establish standards, procedures, rules or regulations to regulate all aspects of the bidding, award, contract provisions and requirements and performance of any public works contract, including, but not limited to, the compensation rates to be paid for the performance of such work. The City shall have the power to accept gifts and donations, including donations of material and labor, in the construction of any public works project. The City shall have the power to perform any work of improvement by use of its own forces and is not required to contract for the construction of works of public improvement. The City may also contract with other public agencies for the construction of works of public improvement.
3.08.110 Use of City forces.
City employees may be used to perform services including but not limited to repairs, maintenance and construction of public projects whenever such use best meets the needs of the City. (Ord. 1398 § 2 (Exh. A), 2010)
3.08.160 Negotiated contract procurement – Direct select.
Goods, materials, equipment, supplies and services valued at $30,000 or less may be procured by negotiated contract and need not be publicly bid but shall be procured at a reasonable price in a manner that best meets the needs of the City. Care shall be taken to avoid the appearance of favoritism, bias or preclusion of new vendors. (Ord. 1398 § 2 (Exh. A), 2010; Ord. 1347 § 1, 2008. Formerly 3.08.080)
3.08.170 Open market procurement (informal bidding).
Except as otherwise provided herein, goods, materials, equipment, supplies and services valued at more than $30,000 but less than or equal to $125,000 may be procured by the open market procedure described herein.
(A) Solicitation Notice. At least 10 days prior to the date the contract will be awarded, the Chief Procurement Officer/designee shall mail or send electronically a notice requesting quotations or proposals to those vendors or contractors on the City vendors list listed as qualified to provide the required type of service, supplies or equipment. If there are no vendors or contractors on the City’s vendors list qualified to provide the type of goods, materials, equipment, supplies or services sought, the notice shall be posted on the City’s website and published on at least three websites that publish solicitations and specifications which have been determined to provide best notice to potential bidders for the type of goods, materials, equipment, supplies or services sought. The notice shall generally describe the goods, materials, equipment, supplies or services being sought, describe how to obtain more detailed information and state the time and place for submission of quotations or informal bids. The notice or detailed information shall also describe required contract provisions such as E-Verify requirements of Chapter 2.50 PMC and economic opportunities requirements of Chapter 3.10 PMC. Quotations, proposals and informal bids must be in writing but may be submitted by mail, by fax or electronically.
(B) Minimum Number of Quotations. If fewer than three quotations, proposals or informal bids are received, the Purchasing Officer shall determine whether to use a formal solicitation or to make the award based on less than three quotations because there are fewer than three vendors qualified to provide the services, supplies or equipment.
(C) Quotations and Bids Exceeding $125,000. If all of the quotations, proposals or informal bids received exceed $125,000, a contract may be awarded for not more than $137,500 if the City Council determines, by a four-fifths vote, that the City’s cost estimate was reasonable. Otherwise the goods, materials, equipment, supplies or services must be procured through a formal bid procurement.
(D) Records. Quotations shall be submitted to the Chief Procurement Officer, who shall keep a record of all open market quotations and contracts for a period of two years after submission of quotations or the execution of contracts. This record, while so kept, shall be open to public inspection, except that vendor proprietary data shall not be open to public inspection. (Ord. 1398 § 2 (Exh. A), 2010; Ord. 1347 § 1, 2008. Formerly 3.08.100)
3.08.180 Procurement by formal solicitation.
Except as otherwise provided herein, purchases of goods, materials, equipment, supplies and services of an estimated dollar value greater than $125,000 shall be procured by a formal competitive procurement process, and awarded to the responsive, responsible bidder who best meets the City’s needs based on the criteria specified in the formal solicitation.
(A) Solicitation Notice. Notices inviting bids, requesting proposals or requesting qualifications and experience shall include a general description of the goods, materials, equipment, supplies or services to be procured, describe how to obtain more detailed information, state where bid forms and specifications may be obtained and state the time and place for submission of bids, proposals or statements of qualifications and experience. The notice or detailed information shall also describe required contract provisions such as E-Verify requirements of Chapter 2.50 PMC and economic opportunities requirements of Chapter 3.10 PMC.
(1) Published Notice. The notice inviting bids, requesting proposals or requesting qualifications and experience shall be published on the City’s website and on at least three websites that publish solicitations and specifications which have been determined to provide best notice to potential bidders for the type of goods, materials, equipment, supplies or services to be procured, at least 30 days before the date of opening of the bids. The notice inviting formal bids for public projects as defined by California Public Contracts Code Section 20161 shall also be published in a newspaper of general circulation in accordance with Section 22037 of such Code.
(2) Additional Mailed Notice. The Chief Procurement Officer may also mail the solicitation notice to prospective vendors and contractors whose names are on the City vendors list.
(B) Bidder’s Security. For procurement of construction services for public works projects, bidder’s security in an amount equal to at least 10 percent of the amount of the bid shall be submitted with a bid. When deemed necessary or appropriate by the Chief Procurement Officer for other procurements, bidder’s security in an amount deemed appropriate may also be required. Bidders shall be entitled to return of bid security; provided, that a successful bidder shall forfeit its bid security upon refusal or failure to execute the contract within the time specified in the invitation to bid, unless the City is responsible for the delay. The City may, on refusal or failure of the successful bidder to execute the contract, award it to the next highest scoring (based on the selection criteria) responsive, responsible bidder. If the City awards the contract to the next highest scoring bidder, the amount of the highest scoring bidder’s security shall be applied by the City to the difference between the highest scoring bid and the second highest scoring bid, if any, and the surplus, if any, shall be returned to the highest scoring bidder.
(C) Bid Opening Procedure. Sealed bids, proposals and statements of qualifications shall be submitted to the Chief Procurement Officer/designee, and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.
(D) Rejection of Bids. Any and all bids may be rejected at the discretion of the City. If the City intends to reject all bids, the Chief Procurement Officer/designee must mail notice of the City’s intent to reject the bid at least two business days prior to the Council meeting at which the bids will be considered. After rejecting all bids, the City may:
(1) Abandon the project;
(2) Re-advertise the project; or
(3) Perform the work with City employees. (Ord. 1398 § 2 (Exh. A), 2010; Ord. 1347 § 1, 2008. Formerly 3.08.110)