CIty Of Santa Ana Charter Information

Charter
Sec. 422. – Public works contracts.

(a) For purposes of this section, “public works construction” shall be deemed to mean a project for the erection or improvement of public buildings, streets, drains, sewers, or parks. Maintenance and repair of public buildings, streets, drains, sewers, or parks shall not be considered as public works construction.
(b) Every contract for public works construction in excess of that amount set from time to time by ordinance of the City Council pursuant to (c) below, shall be made by the City Council with the lowest and best bidder after publication for at least two (2) days in a newspaper of general circulation in the City of notice calling for bids and fixing a period during which such bids will be received, which shall be for not less than ten (10) days after the first publication of said notice, except where alternate contracting procedures are utilized pursuant to (c), below.
(c) The City Council shall adopt by ordinance rules and procedures for competitive bidding for all public works contracts, which rules and procedures shall establish limits for public works contracts approved by the City Manager. Such rules and procedures shall establish criteria for thresholds for formal and informal bidding, and notice requirements therefor; standards for rejection of bids and dispensing with bidding; criteria and procedures for prequalifying bidders and contractors; and utilization of alternate project delivery systems such as design-build contracts. For purposes of this Article, “design-build” means a range of methods of procuring design and construction from a single source, where the selection of the single source occurs before the development of complete plans and specifications. Notwithstanding the foregoing, any rule permitting dispensing of bidding and/or performing work with City forces for any reason including an emergency shall require the affirmative votes of at least two-thirds (2/3) of the members of the City Council.
(Ord. No. NS-2715, 7-3-06, approved at election 11-7-06)

Municipal Code
Sec. 2-805.

Procurement of materials, supplies, labor, and equipment between five hundred dollars ($500.00) and twenty-five thousand dollars ($25,000.00).

(a) For those agreements exceeding five hundred dollars ($500.00) but not exceeding five thousand dollars ($5,000.00), the city manager may bind the city on contracts for materials, supplies, labor, and equipment in amounts not exceeding five thousand dollars ($5000.00) in any one contract or in the aggregate with any one vendor or service provider. These contracts can be entered into administratively without the need for informal or formal bidding.

(b) Unless exempt from bidding pursuant section 2-807, all contracts involving an expenditure between five thousand dollars ($5,000.00) and twenty-five thousand dollars ($25,000.00) for materials, supplies, labor, and equipment shall be let on the basis of obtaining maximum quality at minimum cost in accordance with procedures established by the purchasing manager. Those procedures shall provide for at a minimum the following:

(1) There shall be a written or verbal invitation for bid which shall include the following information: A general description of the things to be purchased or project, the time and place for bid opening when applicable, bid instructions, and the terms and conditions of the bid and any resulting contract. The purchasing manager shall make a good faith effort to notify all businesses engaged in providing such materials, supplies, labor, and equipment located within the boundaries of the city of the opportunity to bid.

(2) Where required by state or federal law or regulations, or upon request by a bidder, the bids shall be opened, if sealed, and declared in public at the time and place stated on the “Invitation

for Bid.”

(Ord. No. NS-2742, § 8, 5-7-07; Ord. No. NS-2828, § 5, 3-19-12)

Editor’s note— Ord. No. NS-2742, § 8, adopted May 7, 2007, amended § 2-805 in its entirety to read as herein set out. Formerly, § 2-805 pertained to procurement of materials, supplies, labor, and equipment between five hundred dollars ($500.00) and ten thousand dollars ($10,000.00), and derived from Ord. No. NS-2502, § 3, adopted July 1, 2002.

Sec. 2-806.

Procurement of materials, supplies, labor, and equipment in excess of twenty-five thousand dollars ($25,000.00). Unless exempt from bidding pursuant to section 2-807, all contracts involving an expenditure in excess of twenty-five thousand dollars ($25,000.00) for materials, supplies, labor, and equipment shall be let on the basis of obtaining maximum quality at minimum cost, in accordance with procedures established by the purchasing manager. Those procedures shall provide for at least the following:

(a) Public notices inviting bids shall include a general description of the things to be purchased and the time and place for bid opening. Adequate public notice of the invitation for bids shall be given a reasonable time prior to the date set forth therein for the opening of bids, in accordance with regulations established by the purchasing manager. To the extent that public notice is by way of publication in a newspaper of general circulation, such publication shall be for at least two (2) days, the first of which shall be at least ten (10) days before the date set for opening bids.

(b) Invitation of bids shall be mailed or transmitted by other means established by the administrative code but not recited over the telephone or in person. Any interested bidder may obtain an invitation for bid.

(c) All bids shall be submitted sealed in accordance with the instructions contained in the

“Invitation for Bid” form.

(d) The bids shall be opened in public, at the time and place stated on the “Invitation for Bid.” All bids shall be publicly declared.

(Ord. No. NS-2742, § 9, 5-7-07; Ord. No. NS-2828, § 6, 3-19-12)

Editor’s note— Ord. No. NS-2742, § 9, adopted May 7, 2007, amended § 2-806 in its entirety to read as herein set out. Formerly, § 2-806 pertained to procurement of materials, supplies, labor, and equipment in excess of ten thousand dollars ($10,000.00), and derived from Ord. No. NS-

2502, § 3, adopted July 1, 2002.