Construction Industry Force Account Council

Promoting Transparency Through Public Agency Compliance

City Of Folsom Charter Information

Section 5.04. Purchasing and Contracting:

The City Council shall by ordinance provide for a purchasing and contracting system assuring a maximum of competition for the lowest price consistent with a stated level of quality. The purchasing and contracting system shall provide for:

A. Delegation of Authority. Control of the system by the City Manager, who shall be empowered to make purchases and to award contracts for amounts of $10,000 or less, adjusted in amount annually as set out herein in Subsection C;

1. Delegation of responsibility by the City Manager to any appointed subordinate;

3. An informal bid solicitation process for purchases and con- tracts in amount between $25,001 and $74,999;

2. A requirement that should contracts or purchases in amount of $10,000 or less be awarded to any 1 vendor or contractor cumulatively totaling $100,000 in any 3-year period then, in that event, the competitive process set out herein shall be followed should such process otherwise be required hereunder;$100,000 in any 3-year period then, in that event, the competitive process set out herein shall be followed should such process otherwise be required hereunder;

3. An informal bid solicitation process for purchases and contracts in amount between $10,001 and $24,999;

B. Award of Contracts and Purchases. Award of contracts and purchases to the lowest responsible bidder or vendor meeting specifications, except as provided here in and in the ordinance;

C. Sealed Competitive Bids. Sealed bids for competitive purchases involving the expenditure of $25,000 or more, but this amount and all dollar amounts set out in this section shall be revised by the Council annually as part of the annual budget by a revision factor determined by utilizing reliable indicators or indices of price changes;

D. Waiver of Bids. Waiver of competitive bidding for purchase of non-competitive items and contracting for services, in emergencies, for copyrighted and patented items and services, and for professional or specialized services for which a written finding is filed with the City Clerk regarding the reason for noncompetitive, emergency or sole source acquisition;

E. Other Procedures. Provision for step procurement involving request for information, request for proposal, request for technical services, and joint contract or purchase awards for subcontracts, and joint bidding with or purchasing through other governmental jurisdictions;

F. Prohibition. Prohibition of splitting contracts or purchases to avoid dollar limits;

G. Rejections. Rejection by the Council of any and all bids;

H. Bid Bond. Requirement of a bid bond or certified check for all sealed bids:

I. Public Notification. Full public notification of all calls of sealed bids by provision of 10 days notice through appropriate publication:

J. Public Works Determinations. Determination of which public works or improvement projects are to be performed by city forces and which are to be let to contract:

K. Other Matters. Other matters as shall be determined to be required by Council.

Ordinance 2.36.080 Award of Contracts.
A. Except as otherwise provided in this chapter, contracts for supplies, equipment, services and construction of estimated value fifty-three thousand dollars or greater shall be awarded by the city council to the lowest responsible bidder. The city manager, or his/her designee, may award contracts costing less than fifty-three thousand dollars. The dollar value set forth in this subsection shall be adjusted annually, on or before January 1st, by the finance director, with the approval of the city manager and to adjust these limits and the limits specified in Sections 2.36.090, 2.36.100, 2.36.110, 2.36.120, 2.36.130 and 2.36.160 based upon the Consumer Price Index established and published by the State of California Department of Industrial Relations for all California urban consumers. The finance director shall provide annual notification to the city council of the Consumer Price Index adjustment under this section.

B. A contingency appropriation shall be included in the total project appropriation for all construction contracts awarded by either the city council or city manager. The contingency appropriation shall be ten percent of the construction contract amount and shall be administered by the city manager or his/her designee. The contingency appropriation shall be used to fund only construction contract change orders and shall be funded in the same manner as the appropriation for the construction contract.

C. Except as otherwise provided herein, all construction contract change orders shall comply with the city of Folsom standard construction specifications and shall be approved in writing by the city manager or his/her designee prior to the work being performed. If a contract change order exceeds one hundred thousand dollars, the city manger shall obtain the written consent of the mayor or his/her designee, or, at the mayor or his/her designee’s discretion, the city council, prior to approving the work. All construction contract change orders approved by the city manager shall be reported to the city council by the city manager at least quarterly.

D. Notwithstanding any provision to the contrary, the city manager, or his/her designee, may award and execute contracts for supplies, equipment, services or construction which are funded entirely by non-city entities or persons without the expenditure of city funds or commitment to future city funds, provided that a commitment for payment from the funding source is obtained through a funding agreement or a deposit and reimbursement agreement. (Ord. 1214 § 2, 2014; Ord. 951 § 2 (part), 2002; Ord. 950 § 2 (part), 2001: Ord. 723 § 3 (part), 1991)

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