Chapter 13 — PUBLIC WORKS PROJECTS, CONTRACTS AND PROCEDURES

PUBLIC WORKS PROJECTS, CONTRACTS AND PROCEDURES

§ 13-1 FINDINGS AND PURPOSE

§ 13-7 INSURANCE AND BONDS MAY BE REQUIRED

§ 13-1.1. Findings And Purpose.

§ 13-8

§ 13-2 NEED FOR BUDGETARY FLEXIBILITY

ISSUANCE OF SPECIFICATIONS FOR CONTRACTS REQUIRING BIDDING

Issuance Of Specifications For Contracts Requiring Bidding.

§ 13-2.1. Need For Budgetary Flexibility. § 13-8.1.

§ 13-3 RELATIONSHIP TO STATE LAW

§ 13-9 INVITATIONS TO BID

§ 13-4 DEFINITIONS

§ 13-10 ADDENDA TO SPECIFICATIONS

§ 13-4.1. Definitions.

§ 13-10.1. Addenda To Specifications.

§ 13-5 THRESHOLDS FOR CONTRACT PROCUREMENT

§ 13-11 REQUEST FOR PROPOSALS

§ 13-5.1. Thresholds For Contract Procurement.

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

§ 13-12 TIMELY AND RESPONSIVE SUBMISSION OF BIDS AND PROPOSALS

§ 13-13 BID OPENING

§ 13-13.1. Bid Opening.

§ 13-6.1. Bid Initiation; When Advertising In Official Newspaper Required For Public Works Contract.

§ 13-14 BID OPENING EXCEPTIONS

§ 13-14.1. Bid Opening Exceptions.

ALBANY CODE

§ 13-16 AWARD OF CONTRACTS AND PUBLIC WORKS CONTRACTS

§ 13-16.1. Award Of Contracts And Public Works Contracts.

§ 13-19.1. Alterations In Contracts, And Public Works Contracts.

§ 13-20 CITY ADMINISTRATOR'S CERTIFICATION OF SOLE SOURCE CONTRACT

§ 13-17 WAIVER OF DEFECTS AND TECHNICALITIES

§ 13-20.1. City Administrator's Certification Of Sole Source Contract.

§ 13-18 PROTESTS OF CONTRACT AWARD

§ 13-21

DESIGN-BUILD ALTERNATE METHOD

§ 13-18.1. Protests Of Contract Award.

§ 13-21.1. Design-Build Alternate Method.

The provisions of California Public Contract Code shall not be applicable to the City, in whole or in part, except as expressly provided by ordinance or incorporated in City's bid specifications and contract documents. The City, in its discretion, may follow portions of the California Contract Code, but absent a judicial finding that a particular aspect of local public contracting is a matter of statewide concern, the City is not required to do so.

The City is authorized to require vendors and contractors to provide insurance and surety bonds for contracts and public works contracts. Where required, the bidder shall submit insurance or surety bonds, or both, acceptable to the City prior to award.

For contracts required to be bid under Chapter 13 of this Municipal Code, an invitation to bid shall be issued. The invitation to bid shall include specifications that describe the material, supplies, equipment, services or insurance with sufficient particularity to allow for competitive bidding and evaluation. The specifications shall also describe the functions and performance that are required and any applicable operational limitations or parameters.

When a requesting department seeks a systems acquisition comprising the design and installation of state of the art technological components, the Purchasing Agent may issue a request for proposals which shall sufficiently detail the requested procurement by function together with any applicable description, operational requirements and all structural and operating environment considerations. The Purchasing Agent may additionally reserve the right to thereafter issue an invitation to bid based on a refinement of concept from any proposal submitted.

To be eligible for consideration, bidders are required to submit responsive bids an proposals to the City on or before the bid closing date set by the City. The City may consider bid or proposal that was submitted before the bid closing date via a delivery medium such as the U.S. mail, even though the bid or proposal arrives after the bid closing date, provided the City finds that acceptance of the bid or proposal is in the best interests of the City and there is no possibility of collusion or fraud in the procurement process.

Any bidder who seeks or withdraw to modify a bid because of the bidder's inadvertent computational error shall notify the City Department where bids were submitted no later than three (3) working days following the bid closing. The bidder shall provide worksheets and such other information as may be required by the City to substantiate the claim of inadvertent error. Failure to do so may bar relief and allow the City recourse from the bid surety. The burden is upon the bidder to prove the inadvertent error.