Angels Camp Municipal Code Ch. 3.30 Purchase, Bid Procedure, Engineering-Related Consultant

The ordinance codified in this chapter shall be known as the "purchase, bid procedure, consultant services and property disposal" ordinance of the city of Angels. (Ord. 313 (part), 1991; Ord. 438 (part), 2009)

The purpose of this chapter is to establish procedures for purchasing supplies and equipment, contracting for maintenance and consultant services, contracting for public projects in conformance with the requirements of the Public Contract Code and disposing of city-owned personal property. (Ord. 313 (part), 1991; Ord. 438 (part), 2009)

For purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A. "Public Contract Code" means the Public Contract Code of the State of California.

B. "Commission" means the California Uniform Construction Cost Accounting Commission
as created by Section 22010 et seq. of the Public Contract Code.

C. "Supplies" means materials, tools and other goods or commodities used in the conduct of
city business.

D. "Equipment" means furnishings, vehicles, rolling stock and other personal property items
used in the conduct of city business.

E. "Public project" as used herein has the same meaning as Section 22002 of the Public
Contract Code.

F. "Maintenance services" include but are not limited to the following:

1. Routine, recurring and usual work for the preservation or protection of any publicly
owned or publicly operated facility for its intended purposes;

2. Minor repainting;

3. Resurfacing of streets and highways at less than one inch;

4. Landscape maintenance, including mowing, watering, trimming, pruning, planting,
replacement of plants and servicing of irrigation and sprinkler systems;

5. Other maintenance services such as vehicle and mechanical repair, janitorial services,
street sweeping and similar services relating to city operations.

G. "Bidders list" means a list of responsible prospective vendors capable of providing the
items being bid.

H. "Contractors list" means a list of contractors qualified to perform or construct public
projects identified according to categories of work which shall be developed and
maintained by the city engineer using the minimum criteria established by the Commission
for the development and maintenance of such lists.

I. "Engineering-related consultant" means any specially trained and experienced person, firm
or corporation providing special services or advice on general civil engineering,
architectural, surveying and design work for public projects as defined in Section 22002 of
the Public Contract Code.

J. "Purchase" includes rental, lease or trade.
(Ord. 313 (part), 1991; Ord. 438 (part), 2009)

A. The position of purchasing agent is created. The position of purchasing agent shall be appointed by the city administrator.

B. The duties of the purchasing agent may be combined with those of any other office or
position. The purchasing agent shall have authority to:

1. Promulgate and enforce such administrative rules and regulations as required and
necessary to carry out the intent and purposes of this chapter;

2. Purchase or contract the supplies, equipment, maintenance services or public projects
required by any requesting department in accordance with the purchasing procedures
set forth in this chapter and other administrative rules and regulations as may be
established;

3. Act to procure for the city supplies, equipment, maintenance services and public
projects of the highest quality at the least expense to the city;

4. Endeavor to maintain open competition on all purchases and contracts;

5. Keep informed of the current developments in the field of purchasing and contract
administration as well as prices, market conditions and new products;

6. Prescribe and maintain such forms as are reasonably necessary for the operation of
the provisions of this chapter and other administrative rules and regulations, as may
be established;

7. Supervise the inspection of all supplies and equipment to determine their
conformance with the specifications set forth in the order to contract;

8. Obtain chemical and physical tests of samples submitted with bids and samples of
deliveries which are necessary to determine their quality and conformance with
specifications. The city may pay the costs of such tests or may require that the costs
of such tests be paid by the bidder;

9. Recommend the transfer of surplus or unused supplies and equipment between
departments as needed and the sale of all supplies and equipment which cannot be
used by any department or which have become unsuitable for city use; and

10. Maintain bidders lists, vendor catalog files and other records needed for the efficient operation of the purchasing function.
(Ord. 313 (part), 1991; Ord. 438 (part), 2009)

Purchases for supplies, equipment or services shall be made by purchase order or contract except where payment has been preapproved by the purchasing agent. (Ord. 313 (part), 1991; Ord. 438 (part), 2009)

A purchase order will not be issued until the purchasing agent first approves it.

The purchasing agent shall have the authority to issue open purchase orders for certain competitive and expendable items when it is not economical to maintain an inventory and following normal purchasing procedures would be detrimental to the effective operation of the city. (Ord. 313 (part), 1991; Ord. 438 (part), 2009)

All purchases of items with a unit cost of five hundred dollars or more require a standard requisition form, approved by the purchasing agent, before issuance of a purchase order. Requests for such purchases must include at least two quotations from alternative sources of supply, if possible and feasible. If not possible and feasible, an explanation shall be included. (Ord. 313 (part), 1991; Ord. 438 (part), 2009)

Except in cases of emergency, the purchasing agent shall not issue any purchase order for supplies, equipment, maintenance services and public projects unless there exists an unencumbered appropriation against which such purchase is to be charged. (Ord. 313 (part), 1991; Ord. 438 (part), 2009)

Purchases and contracts for supplies, equipment, maintenance services and public projects shall be made pursuant to the following competitive bidding procedures:

A. Open Market Bidding Procedures. Purchases and contracts of an estimated value in the
amount of twenty-five thousand dollars or less may be made by open market bidding
procedures pursuant to the provisions of Section 3.30.100 of this chapter except as
otherwise provided in this section.

B. Informal Bidding Procedures. Purchases and contracts of an estimated value in the amount
of one hundred twenty-five thousand dollars or less may be made by informal bidding
procedures pursuant to the provisions of Section 22032, et seq., of the Public Contract
Code.

C. Formal Bidding Procedures. Purchases and contracts of an estimated value in an amount
greater than one hundred twenty-five thousand dollars shall be made by formal bidding
procedures pursuant to the provisions of the Public Contract Code.

D. Exceptions.

1. The bidding procedures and force account restrictions set forth in this chapter shall be
dispensed with under the following conditions:

a. When bidding would be impossible, impractical or incongruent;

b. In an emergency;

c. When the price is controlled by law;

d. When the commodity, maintenance service or project can only be provided or
performed by one vendor; or

e. When the estimated value of the purchase or contract is one thousand dollars or
less.

2. For the purposes of this subsection:

a. "Impossible" means actual impossibility or extreme and unreasonable difficulty
or expense.

b. "Impractical" means incapable of being performed by the bid procedure.

c. "Incongruous" means not suitable to the bid procedure.

d. "Emergency" means circumstances or conditions that pose an immediate threat
to public health, welfare or safety as determined by the city administrator,
including but not limited to states of emergency defined in Section 8558 of the
Government Code of the state of California. For contracts relating to items
defined as public projects, any such determination of an emergency and any
contracts let by the city administrator under the provisions of this section are
subject to confirmation by the council, by a four-fifths vote, at its next meeting.

E. Cooperative Agreements. No provision of this chapter shall be interpreted or construed to
prohibit or prevent the city from purchasing or contracting for supplies, equipment,
maintenance services or public projects by contracts, arrangements and agreements for
cooperative purchasing programs not otherwise prohibited by law with any federal
government agency, the state of California, or with any other public or municipal
corporation of the state of California; provided, however, that any contract, agreement or
arrangement otherwise subject to open market or informal bidding procedures shall be first
approved by the purchasing agent and, if subject to formal bidding procedures, shall be first
approved by the council.
(Ord. 313 (part), 1991; Ord. 438 (part), 2009)

Except as provided in Section 3.30.090(D) and (E) of this chapter, solicitation of bids and award of contracts for supplies, equipment, maintenance services or public projects with an estimated value in the amount of twenty-five thousand dollars or less may be made by the purchasing agent in the open market in accordance with the following procedures:

A. Minimum Number of Bids. Open market purchases shall, whenever possible, be based on
at least four bids and shall be awarded to the lowest responsible bidder.

B. Notices Inviting Bids. The purchasing agent shall solicit bids from prospective vendors by
written requests, by telephone, by advertising, or by public notices posted on the public
bulletin board at City Hall.

C. Written Records of Bids. Written records of bids received shall be maintained by the
purchasing agent for a minimum period of one year after the placing of orders. Such record,
while so kept, shall be open to public inspection and shall include: the business name,
address and telephone number of the vendor; vendor representative; description of the bid
item(s), including unit quantities if applicable, unit prices or lump sum amount quoted by
the vendor; and the date that the bid was received.
(Ord. 313 (part), 1991; Ord. 438 (part), 2009)

Public projects, as defined by the Uniform Public Construction Cost Accounting Act and in accordance with the limits listed in Section22032 of the Public Contract Code, may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code and in accordance with the following procedures:

A. Contractors List. A list of contractors shall be developed and maintained in accordance
with the provisions of Section 22034 of the Public Contract Code and criteria promulgated
from time to time by the California Uniform Construction Cost Accounting Commission.

B. Notice Inviting Informal Bids. Where a public project is to be performed which is subject
to the provisions of this chapter, a notice inviting informal bids shall be mailed to all
contractors, for the category of work to be bid, as shown on the list developed in accordance
with Public Contract Code Section 22034, and to all construction trade journals as specified
by the California Uniform Construction Cost Accounting Commission in accordance with
Section 22036 of the Public Contract Code. Additional contractors and/or construction
trade journals may be notified at the discretion of the city, provided, however:

1. If there is no list of qualified contractors maintained by the city for the particular
category of work to be performed, the notice inviting bids shall be sent only to the
construction trade journals specified by the Commission.

2. If the project or service is proprietary in nature such that it can be obtained only from
a certain contractor or contractors, the notice inviting informal bids may be sent
exclusively to such contractor or contractors.
(Ord. 313 (part), 1991. Formerly 3.30.120; Ord. 438 (part), 2009)

Except as provided in Section 3.30.090(D) and (E) of this chapter, solicitation of bids and award of contracts for supplies, equipment, maintenance services or public projects with an estimated value in excess of one hundred twenty-five thousand dollars shall be made in accordance with the requirements of the Public Contract Code and the following formal bidding procedures:

A. Plans and Specifications. The council shall adopt any plans, specifications and working
details as appropriate for the bid item(s) prior to solicitation for formal bids.

B. Notices Inviting Bids. Notices inviting formal bids shall be prepared describing the bid
items in general terms, referencing how to obtain more detailed information about the bid item(s), and stating the time, date and place for submission of sealed bids.

C. Mailing, Publishing and Posting of Notices. Notices inviting formal bids shall be published,
mailed and posted as follows:

1. Mailed to all firms on the bidders list at least fourteen days before the date of the bid
opening.

2. Published at least once in a newspaper of general circulation within the city at least
fourteen calendar days before the date of the bid opening.

3. Posted on the public bulletin board at City Hall at least fourteen calendar days before
the date of the bid opening.

4. Other mailings, advertisements, postings and notifications as deemed appropriate by
the department head of the requesting agency.

D. Award of Contract. Contracts for bid item(s) let pursuant to formal bidding procedures
shall be awarded by the council.

E. No Bids Received. In the event that no bids are received, the council shall have the option
of any of the following:

1. Abandoning the purchase or project;

2. Rebidding the purchase or project using formal procedures;

3. Rebidding the purchase or project using informal bidding procedures;

4. For bid items defined as public projects, performing the project by employees of the
city by force account;

5. For bid items defined as supplies, equipment or maintenance services, awarding the
contract using any other method as deemed appropriate by the council including
negotiated contract.

F. Rejection of Bids--Public Projects. At the discretion of the council, any bids presented may
be rejected. If after the first invitation for bids all bids are rejected, the city shall state the
reasons for rejection and after reevaluating the cost estimates of the project the council shall
have the option of any of the following:

1. Abandoning the purchase or project;

2. Rebidding the purchase or project using formal bidding procedures;

   3. By passage of a resolution by a four-fifths vote declaring that the project can be performed more economically by the employees of the city, performing the project by force account.

   G. Rejection of Bids--Supplies, Equipment and Maintenance Services. At the discretion of the council, any bids presented may be rejected. In the event that all bids are rejected, the council shall have the option of any of the following: 1. Abandoning the purchase or project; 2. Rebidding the purchase or project using formal bidding procedures; 3. Rebidding the purchase or project using informal bidding procedures; 4. Awarding the contract using any other method as deemed appropriate by the council, including negotiated contract. (Ord. 313 (part), 1991. Formerly 3.30.130; Ord. 438 (part), 2009)

A. Engineering-related consultant services for the purposes of this chapter shall include, but not be limited to, general civil engineering, architectural, surveying and design work for public projects as defined in Section 22002 of the Public Contract Code.

B. Solicitation, award and execution of contracts for engineering-related consultant services
in the amount of five thousand dollars or less may be made by the city engineer. For
contract amounts in the sum of one hundred twenty-five thousand dollars or less, the city
engineer may prepare a report and recommendation to the council without a formal request
for proposal.

C. In all other cases, excepting emergencies, the following procedure shall apply:

1. The city engineer shall maintain a list of qualified consultants providing the services
set forth above. The list shall contain at least four consultants for each specific
category of service. The consultants on the list shall possess the qualifications and
competence to perform the duties specified, as determined by the city engineer.

2. Prior to awarding a contract for engineering-related consultant services described
herein, the city engineer shall prepare and transmit a request for proposals to the
consultants included on the list. The request for proposals shall contain a detailed
scope of the services to be performed.

3. The city engineer shall make a report and recommendation to the council including
his opinion regarding the price for the proposed services to be rendered.

4. The city council shall consider the report and recommendation of the city engineer
and award the contract on the basis of qualifications, demonstrated competence and
its determination of whether the price for the proposed services is fair and reasonable.

5. The city shall have the right to reject any and all proposals or portions thereof
received in response to the RFP or to negotiate separately with any source, in any
manner necessary, to serve the best interests of the city.
(Ord. 313 (part), 1991. Formerly 3.30.140; Ord. 438 (part), 2009)

The city administrator shall be authorized to approve and enter into contracts for consultant services described in Section 3.30.130 subject to the following limitations and restrictions:

A. The contract is for a sum not to exceed fifteen thousand dollars to be paid by the city.

B. The contract shall not result in, or potentially require the city to be liable for, a significant
loss of money or other thing of value beyond the contract price to the city.

C. The funds required for the payment of the contract shall be included in the city’s approved
and current budget for that purpose.

D. The contract has the prior approval of or shall be subject to ratification by the council.
Ratification may be in the form of approval of the budgeted demand for payment or partial
payment thereof.

E. The contract shall not have, may not result in, nor be the result of, a significant policy
decision necessitating prior council review and approval.

F. The contract shall not be for legal services or legal consultation.
(Ord. 313 (part), 1991. Formerly 3.30.150; Ord. 438 (part), 2009)

Any personal property item which can no longer be used by any department or which has become unsuitable for city use and is surplus shall be sold pursuant to the following procedures:

A. The council shall be informed of the condition of any item proposed for disposition and the
determination of the council that such item is surplus shall be obtained before proceeding
with disposition.

B. Requests for bids shall be issued and sales shall be made to the highest bidder; provided,
however, that sales may be made by public auction or private sale or exchange as deemed
appropriate by the city administrator.

C. All sales shall be paid for by cash, certified check or money order payable to the city.

D. The city administrator or his/her designee shall be authorized to sign bills of sale and any
other papers or documents evidencing such sales for and on behalf of the city.

E. In the event that no bids or purchase proposals are received for any item offered for sale
pursuant to the provisions of this section, the item may be disposed of as deemed
appropriate by the city administrator.
(Ord. 313 (part), 1991. Formerly 3.30.160; Ord. 438 (part), 2009)