Chapter 3.08 — PURCHASING SYSTEM

In order to establish efficient procedures for the purchase of materials, supplies and equipment, professional services, and the selection of contractors to perform public works projects, at the lowest possible cost commensurate with quality needs, to exercise positive financial control over purchasing, to clearly define authority for the purchasing function, and to assure the quality of purchasing, a purchasing system is adopted. (Ord. 12-99)

For the purpose of carrying out the intent of this chapter, the following words, phrases and terms shall have the meaning ascribed to them in this section.

"Emergency" means: (1) the existence or threatened existence of conditions of extreme peril to the safety of persons and property within the City caused by fire, flood, storm, epidemic, riot, earthquake, drought, energy shortage, or other causes, the existence or threatened existence of which has been proclaimed by the City Council or the Director of Emergency Services; or (2) the existence of an immediate need to prepare for national or local defense; or (3) the existence of a breakdown in machinery, equipment or essential governmental services which requires the immediate purchase of materials, supplies or equipment to protect the public health, safety or general welfare of the residents of the City; or (4) where an essential governmental operation affecting the public health, safety or general welfare could be greatly hampered or disrupted by following the standard purchasing procedures.

"Facility" means any plant, building, structure, ground facility, utility system (subject to the limitation found in paragraph 3 of the definition for public project in this section), real property, streets and highways, or other public work improvement.

"Local bidder" means a firm, individual, partnership, association, corporation or other legal entity who regularly maintains a place of business and transacts business in, or maintains an inventory of materials, supplies or equipment for sale in, and is licensed by, or pays business taxes to the City.

"Maintenance work" means work that includes all of 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;

• Minor repainting;

• 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. Work performed to keep, operate and maintain publicly owned water, power or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines 230,000 volts and higher.

"Professional services" means, but is not limited to, any type of professional services that may

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City of Orange, CA

ORANGE CODE

§ 3.08.020

§ 3.08.050

be lawfully rendered, but does not include public projects.

"Public project," for purposes of this chapter, means any of the following:

1. Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any publicly owned, leased or operated facility;

• Painting or repainting of any publicly owned, leased or operated facility;

3. In the case of a publicly owned utility system, "public project" shall include only the construction, erection, improvement or repair of dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher. Public project does not include maintenance work.

"Purchase order" means a written authorization by the issuing party for the recipient to provide labor, materials or services, for which the issuing party agrees to pay.

"Purchasing officer" means the person employed by the City under the direction and control of the Finance Director of the City who shall be responsible for the general supervision of the Purchasing Division and the efficient administration of all the affairs of the City under this chapter or which are otherwise under his or her control. (Ord. 12-99)

The Purchasing Division of the Finance Department is established for the purpose of providing centralized purchasing for the various departments of the City of supplies, materials and equipment, professional services, and the selection of contractors to perform public projects at the lowest possible cost commensurate with quality needs, to exercise positive financial control over purchases, to clearly define authority for the purchasing function and to assure quality of purchases. Where not otherwise provided by this chapter, the City Manager shall establish procedures for bid openings and for the preparation and execution of bids, purchase orders and contracts.

(Ord. 12-99)

Purchases under this chapter shall be in accordance with appropriations approved in the City budget. At the same time, the City Council recognizes that in certain unanticipated cases, an emergency may dictate that a certain latitude be permitted in the implementation of this purchasing system.

(Ord. 12-99)

There is created the position of Purchasing Officer. The Director of Finance shall direct the activities of the Purchasing Division. The Purchasing Officer shall have authority to:

• A. Purchase, hire or contract for materials, supplies, equipment and professional services required by any City department or using agency in accordance with purchasing procedures prescribed by this chapter, such administrative regulations as the Purchasing Officer shall adopt for the internal management and operation of the Purchasing Division, and such other rules and regulations as shall be prescribed by the City Council or the City Manager;

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City of Orange, CA

REVENUE AND FINANCE

§ 3.08.050

§ 3.08.075

• B. Act to procure for the City the needed quality in materials, supplies and equipment at least expense to the City;

• C. To endeavor to obtain as full and open competition as possible on all purchases;

• D. Prepare and recommend to the City Council rules governing the purchase of materials, supplies and equipment for the City;

• E. Prepare and recommend revisions and amendments to the purchasing rules;

• F. Keep informed of current developments in the field of purchasing, prices, market conditions and new products;

• G. Prescribe and maintain such forms as are reasonably necessary for the operation of this chapter and other rules and regulations; and

• H. Carry out the duties and responsibilities set forth under the formal bid procedure for public projects in Sections 3.08.530 through 3.08.590 of this chapter.

• (Ord. 12-99)

The City Council may, by resolution, establish a schedule of fees to be charged for the provision of plans and specifications authorized by this chapter. (Ord. 12-99)

All dollar amount thresholds provided for in this chapter shall be defined as the financial value of procurements made to a respective vendor in a single fiscal year calculated on a per-department basis. Multiple agreements from various departments to a single vendor for distinct scope of services may exceed the dollar amount thresholds detailed in this chapter without triggering additional Citywide aggregation requirements. However, in no instance shall one department exceed the dollar amount thresholds unless it first follows the procedures and approvals provided for in this chapter. For purposes of this section, "financial value" means the total amount encumbered or contracted by a department to a vendor during a single fiscal year. (Ord. 20-25, 1/27/2026)

City departments shall submit requests for materials, supplies, equipment, public projects and professional services to the Purchasing Officer by the automated requisition form within the financial management information system. All requisitions shall be entered and approved by authorized City personnel.

(Ord. 12-99)

• A. It shall be unlawful to split into smaller work orders or projects any contract for supplies, equipment, or services for the purpose of circumventing or evading the requirements of this chapter.

• B. It shall be unlawful to split or separate into smaller work orders or projects any public

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City of Orange, CA

ORANGE CODE

§ 3.08.075

§ 3.08.095

project for the purpose of circumventing or evading the requirements of this chapter or the Uniform Public Construction Cost Accounting Act. [1 ]

(Ord. 20-25, 1/27/2026)

The procurement of all materials, supplies or equipment, public projects and professional services of $10,000.00 or more per fiscal year shall be made only by written purchase orders issued by the Purchasing Officer and any other contractual document deemed necessary and appropriate by the Purchasing Officer and the City Attorney. Except as otherwise provided herein, no purchase order shall be issued unless the prior approval of the Purchasing Officer, or his or her designated representative, has first been obtained. Supplies, equipment, public projects and professional services of less than $10,000.00 in any one transaction shall be made using simplified and cost-effective operational procedures and forms approved by the Purchasing Officer without the use of formal or informal bid procedures and do not require a written purchase order.

(Ord. 25-04; Ord. 12-23, 2023; Ord. 20-25, 1/27/2026)

Unless otherwise provided for in the specific grant program or application, the City Manager may formerly accept and appropriate awarded grant funds not exceeding $60,000.00 so long that the matching funds associated with the grant, when applicable, are budgeted and do not exceed $60,000.00. Any awarded grant funds exceeding $60,000.00 or where matching funds associated with grant exceed $60,000.00 or are not budgeted, shall be approved and appropriated by the City Council.

(Ord. 20-25, 1/27/2026)

Any evaluation or selection practice under this chapter that would result in unlawful activity including, but not limited to, any rebate, kickback or unlawful consideration, as well as any award of a contract where a public official has used his or her official position to influence a governmental decision in which he or she knows or has reason to know that he or she has a financial interest in any person or entity who seeks such a contract or in the outcome of the selection process in any way, is expressly prohibited. Employees of the City who are related to persons or have interests in business entities seeking to contract under this chapter, shall not participate in any aspect of the contract review or selection process. (Ord. 12-99)

For any contracts, agreements, instruments and conveyances not otherwise covered by this chapter or any other provision of this code, the City Council may by resolution prescribe procedures, rules and regulations governing the approval and administration thereof. Unless another officer is authorized to do so under this chapter or any other provision of this code or by resolution of the City Council, all contracts and conveyances shall have the prior approval of the

1. Editor's Note: See Public Control Code Sections 22000 through 22045.

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City of Orange, CA

REVENUE AND FINANCE

§ 3.08.095

§ 3.08.150

City Council and shall be executed by the Mayor and shall be approved as to form by the City Attorney.

(Ord. 12-99)

Except in cases of emergency, the Purchasing Officer shall not issue any purchase order or payment authorization for materials supplies or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. (Ord. 12-99)

The Purchasing Officer shall, in his or her discretion, inspect materials, supplies and/or equipment delivered to determine their conformance with the specifications set forth in the purchase order. The Purchasing Officer shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications. (Ord. 12-99)

The purchasing of materials, supplies and equipment shall be entered into pursuant to either formal or informal bid procedures as hereinafter prescribed. All solicitation of bids shall be unrestricted and competitive except as otherwise provided.

• A. The purchase of materials, supplies and equipment of estimated value of less than $60,000.00 per fiscal year shall be made pursuant to the informal bid procedure prescribed in Sections 3.08.140 through 3.08.170 below.

• B. The purchase of materials, supplies and equipment of $60,000.00 or more per fiscal year shall be made pursuant to the formal bid procedure prescribed in Sections 3.08.180 through 3.08.280, and shall require the approval of the City Council.

• (Ord. 12-99; Ord. 20-25, 1/27/2026)

Except as otherwise provided in Section 3.08.290 below, the purchase of materials, supplies and equipment shall be made in accordance with the formal or informal bid procedure prescribed in Sections 3.08.140 through 3.08.280 below. (Ord. 12-99)

The purchase of materials, supplies and equipment with an estimated value of less than $60,000.00 may be made by the Purchasing Officer in accordance with the informal bid procedure prescribed in Sections 3.08.150 through 3.08.170 of this chapter. (Ord. 12-99; Ord. 20-25, 1/27/2026)

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City of Orange, CA

ORANGE CODE

§ 3.08.150

§ 3.08.200

Unless otherwise approved by the Purchasing Officer, the purchase of materials, supplies or equipment shall be based on at least three independent informal bids and shall be awarded to the lowest responsible bidder after consideration of the factors set forth in Section 3.08.260 of this chapter. Where three firms cannot be found which could provide the required materials, supplies or equipment or where it is not practicable to obtain bids from at least three firms, the Purchasing Officer may then select from the available and qualified firms. Selections based on less than three firms must be documented with the names and addresses of firms contacted by the Purchasing Officer or the City department primarily responsible for the purchase of materials, supplies and equipment and the reasons why the provisions of this section could not be met. This documentation shall be maintained in the Purchasing Officer's file. (Ord. 12-99)

The Purchasing Officer shall solicit and may receive informal bids for the purchase of materials, supplies or equipment by telephone, telecopier, internet or written request. (Ord. 12-99)

The Purchasing Officer shall maintain a record of all informal bids received in response to a solicitation for bids for materials, supplies or equipment for a period of two years and for that period the record shall be open to public inspection. (Ord. 12-99)

Except as otherwise provided in Section 3.08.290 below, the purchase of materials, supplies or equipment of an estimated value of $60,000.00 or more shall be awarded to the lowest responsible bidder in accordance with the formal bid procedure prescribed in Sections 3.08.190 through 3.08.280 below.

(Ord. 12-99; Ord. 20-25, 1/27/2026)

Notices inviting formal bids shall state the time and place for the receiving and opening of sealed bids, include a description and specifications of the materials, supplies or equipment to be hired or purchased, the location where bid documents and specifications may be secured, and the cost (if any) of the documents and specifications. (Ord. 12-99)

Notices inviting formal bids for the purchase of materials, supplies or equipment shall be published in a newspaper of general circulation, printed and published in the City at least 14 calendar days before the date of opening the bids; or, if there is no newspaper of general circulation which is circulated within the City, publication shall be by posting the notice in at least three places within the City as have been designated by ordinance or regulation of the City

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City of Orange, CA

REVENUE AND FINANCE

§ 3.08.200

§ 3.08.240

as places for the posting of its notices. (Ord. 12-99)

• A. When deemed necessary by the Purchasing Officer, bids shall be accompanied by one of the following forms of bidder's security in an amount equal to not less than 10% of the amount bid:

  1. Cash;

  2. Cashier's check made payable to the City;

  3. Certified check made payable to the City; or

  4. A bidder's bond executed by an admitted surety insurer made payable to the City and in a form approved by the City Attorney.

• B. If bidder's security is required by the notice inviting bids, no bid shall be considered unless one of the forms of security described in this section accompanies the bid. Bidders shall be entitled to the return of their bid security; provided, however that a successful bidder shall forfeit its bid security upon its refusal failure or neglect to execute the contract within 10 days after the notice of award of contract has been mailed. The City Council may, on refusal, failure or neglect of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the City Council awards the contract to the next lowest responsible bidder, the amount of the lowest bidder's security shall be applied by the City to the contract price differential between the lowest bid and the second lowest bid. The surplus, if any, shall be returned to the lowest bidder.

• (Ord. 12-99)

Provisions may be included in any notice inviting bids and in any contract documents for the furnishing of faithful performance and labor and materials bonds, other security, and/or the withholding of retentions earned to ensure performance under a contract in an amount and type as determined proper by the Purchasing Officer. (Ord. 12-99)

Sealed bids shall be submitted to the City Clerk with the bid number written on the envelope where they will be date and time stamped. All bids must be received and date and time stamped by the City Clerk's clock on or before the date and time due; late bids will be returned unopened. The Purchasing Officer, or his or her designee, shall publicly open all bids at the time and place stated in the public notice. A tabulation of all bids shall be available for public inspection in the Purchasing Division during regular business hours for a period of one year after bid opening. (Ord. 12-99)

At its discretion, the City Council may reject all bids presented for the purchase of materials, supplies or equipment and may cause re-advertising for bids pursuant to the procedure

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City of Orange, CA § 3.08.240

ORANGE CODE

§ 3.08.270

hereinabove prescribed. (Ord. 12-99)

If a contract is awarded, it shall be awarded to the lowest responsible bidder. The determination of the "lowest responsible bidder" shall be at the discretion of the City Council pursuant to the findings and recommendations presented by the Purchasing Officer. Local bidders shall be granted a sales tax preference of one percent of the amount of that portion of the bid amount which is subject to sales tax.

(Ord. 12-99)

In determining the lowest responsible bidder, the following shall be considered in addition to price:

• A. Quality of the materials, supplies and/or equipment offered;

• B. The ability, capacity and skill of the bidder to perform the contract or provide the materials, supplies or equipment;

• C. Whether the bidder can perform the contract or provide the materials, supplies or equipment promptly or within the time specified, without delay or interference;

• D. The sufficiency of the bidder's financial resources to perform the contract or provide the materials, supplies or equipment;

• E. The ability of the bidder to provide future maintenance and services if essential to adequate performance;

• F. The compatibility of the materials, supplies and/or equipment with the City's existing inventory of same;

• G. The quality and timeliness of the bidder's performance on previous orders or contracts for the City;

• H. Litigation by the bidder on previous orders or contracts with the City;

• I. The ability of the bidder to provide future maintenance and service where such maintenance and service is essential;

• J. The character, integrity, reputation judgment, experience and efficiency of the bidder. (Ord. 12-99)

If two or more formal bids received for the purchase of materials, supplies or equipment are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the City Council may, at its discretion, accept the one it chooses or accept the lowest responsible bid made by and after negotiation with the tie

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City of Orange, CA

REVENUE AND FINANCE

§ 3.08.270

§ 3.08.290

bidders. (Ord. 12-99)

When no formal bids or responsible bids are received for the purchase of materials, supplies or equipment, the Purchasing Officer is authorized to negotiate for written proposals, and his or her recommendation shall be presented to the City Manager and thereafter to the City Council and the award, if any, shall be made by the City Council in accordance with applicable provisions prescribed herein.

(Ord. 12-99)

Notwithstanding any provision of this chapter to the contrary, the competitive bidding procedures and requirements for the purchase of materials, supplies or equipment may be dispensed with and the Purchasing Officer shall have the authority (except as otherwise provided herein below) to hire or purchase whenever:

• A. Any agreement involving the acquisition of materials, supplies or equipment is to be entered into with another governmental entity through cooperative purchasing provisions;

• B. The purchase amount is less than $20,000.00 per fiscal year;

• C. The using department head and the Purchasing Officer, with the approval of the City Manager, certify in writing that the materials, supplies or equipment is offered by only one vendor (sole source), or when only one vendor is able to supply a commodity within the time frame and/or under the terms and conditions which reasonably meet the needs of the using City department for purchases in excess of $20,000.00 in value but less than $60,000.00 in value per fiscal year;

• D. The using department head and the Purchasing Officer, with the approval of the City Manager, certify in writing to the City Council that the materials, supplies or equipment is offered by only one vendor (sole source), or when only one vendor is able to supply a commodity within the time frame and/or under the terms and conditions which reasonably meet the needs of the using City department, for purchases of $60,000.00 or more per fiscal year and the City Council approves such purchase;

• E. Public Project Emergencies (Public Contract Code Section 22050). Emergency contracting for public projects shall comply with Public Contract Code Section 22050. The City Council may declare a public project emergency when the public interest and necessity demand immediate action to safeguard life, health, or property. In such cases, the City Manager is authorized to take immediate action and to procure necessary equipment, services, or supplies without competitive bidding. The City Manager shall report the emergency action to the City Council at its next regularly scheduled meeting, and the City Council shall review the need for continued emergency action at each such meeting until the emergency is terminated.

• F. Administrative Emergencies (Non-Public Projects). An administrative emergency exists when a sudden and unforeseen event creates an immediate need for materials, supplies, or equipment to protect life, health, property, or essential City operations, and the use of

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City of Orange, CA § 3.08.290

ORANGE CODE

§ 3.08.410

standard bidding procedures would cause unacceptable delay. In such circumstances, a department head may, with approval of the Purchasing Officer, procure the necessary materials, supplies, or equipment in an amount not to exceed $20,000.00. Procurements exceeding $20,000.00 shall require approval of the Purchasing Officer and the City Manager. All administrative emergency purchases shall be documented with a written statement describing the nature of the emergency, justification for the procurement, vendors contacted (if any), and associated costs.

(Ord. 12-99; Ord. 20-25, 1/27/2026)

The Purchasing Officer shall have authority to exchange for or trade-in on new materials, supplies and equipment all materials, supplies and equipment which cannot be used by any department or which have become unsuitable for City use. (Ord. 12-99)

The Purchasing Officer shall have authority, subject to approval of the City Manager, to dispose of surplus materials, supplies or equipment by auction or by sale or otherwise after receiving bids or proposals which, in his or her judgment, provide the maximum return to the City. (Ord. 12-99)

All purchases of materials, supplies and equipment with a value of less than $60,000.00 per fiscal year shall have the prior approval of, and be executed by, the Finance Director and/ or the Purchasing Officer. All purchases of materials, supplies and equipment with a value of $60,000.00 per fiscal year or more shall require the approval of the City Council. (Ord. 12-99; Ord. 20-25, 1/27/2026)

Contracting for professional services will be done in accordance with the procedures prescribed in Sections 3.08.410 through 3.08.440 below. (Ord. 12-99)

• A. Professional services of less than $10,000.00 per fiscal year require the approval of the initiating department head, shall be processed using operational procedures and forms approved by the Purchasing Officer and do not require a written purchase order.

• B. Professional services with a value in excess of $10,000.00 but not more than $60,000.00 per fiscal year require the approval of the initiating department head and shall be made by written contract executed by the City Manager and approved as to form by the City Attorney.

• C. Professional services with a value in excess of $60,000.00 per fiscal year require the approval of the City Council and shall be made by written contract executed by the Mayor and approved as to form by the City Attorney.

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City of Orange, CA

REVENUE AND FINANCE

§ 3.08.410

§ 3.08.450

(Ord. 25-04; Ord. 12-23, 2023; Ord. 20-25, 1/27/2026)

Due to the nature of professional services, the competitive bidding procedures and requirements of this chapter shall not be required for the retention of such services; provided, however, that the City department primarily responsible for the project for which professional services are required shall request a formal or informal written proposal from not less than three available and qualified consultants, whenever practicable. Where three consultants cannot be found which could provide the required service or where it is not practicable to obtain proposals from at least three available and qualified consultants, the initiating department head may then select from the available and qualified applicant consultants. Selections based on less than three firms must be documented with the names and addresses of consultants contacted by the City department primarily responsible for the project and the reasons why the provisions of this section could not be met. This documentation shall be maintained in the contract file of the City department primarily responsible for the project. The proposals received are to be evaluated on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required and at fair and reasonable prices to the City. Unless otherwise required by state and federal law, the requirement for the obtainment of formal or informal written proposals from not less than three consultants and the selection procedures set forth in this chapter for the furnishing of professional services may be dispensed with where: (1) the City seeks to retain specially trained and experienced persons or firms which are in the business of rendering unique and/or specialized services and/or advice on financial, economic, accounting, engineering, legal, administrative matters, architectural design, environmental planning and/or analysis, public relations, insurance, medical or other specialized matters; and (2) the value of such services is not more than $60,000.00 per fiscal year. The City Council may, by resolution, prescribe procedures, rules and regulations governing the solicitation, selection and award of proposals or bids for the furnishing of such special services. (Ord. 25-04; Ord. 20-25, 1/27/2026)

Unless the contract for professional services provides otherwise, the City Manager may approve dollar increases in professional services agreements that have been approved by the City Council. The City Manager may approve an increases up to the greater of $20,000.00 or 10% of the original contract amount, but not to exceed a total increase of $60,000.00. (Ord. 25-04; Ord. 20-25, 1/27/2026)

The City Council shall, by resolution, prescribe procedures, rules and regulations governing the solicitation, selection and award of proposals or bids for the furnishing of professional services. Such procedures, rules and regulations shall have as one purpose the obtaining of contractual professional services of the highest quality together with cost effectiveness. (Ord. 12-99)

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City of Orange, CA

ORANGE CODE

§ 3.08.450

§ 3.08.450

• A. For all contracts for professional services of private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms (as those terms are defined in Section 4525 of the Government Code of the State of California, as the same may be amended from time to time) with an estimated value of less than $60,000.00 the City department primarily responsible for the project for which such professional services are required shall select firms based on their ability to perform the specific functions outlined in the solicitation for proposals or bids, including, but not limited to, such factors as:

  1. Overall professional experience, reliability, and continuity of the firm as related to the tasks described in the solicitation for proposals or bids;

  2. Professional experience of the firm in executing contracts of a similar nature;

  3. Adequacy of personnel numbers within specific disciplines required to complete the work required by the solicitation for proposals or bids;

  4. Experience and training of key personnel as related to the work described in the solicitation for proposals or bids;

  5. Adequacy of number of principal(s) which are intended to be assigned to the contract;

  6. Knowledge of applicable regulations and technology associated with the contract;

  7. Quality and timeliness of recently completed or nearly completed projects which were similar to the work described in the solicitation for proposals or bids;

  8. Specialized qualifications for the services to be performed.

Any individual or firm proposing to provide construction project management services shall provide evidence that the individual or firm and its personnel carrying out on-site responsibilities have expertise and experience in construction project design review and evaluation, construction mobilization and supervision, bid evaluation, project scheduling, cost-benefit analysis, claims review and negotiation, and general management and administration of a construction project.

Such factors shall be weighed by the City department primarily responsible for the project according to the nature of the contract, the needs of the City and complexity and special requirements of the specific contract for which the services will be provided.

• B. The City department primarily responsible for the project shall request a detailed fee proposal from the best qualified firm and shall attempt to negotiate a contract with the best qualified firm. Should the City department primarily responsible for the project be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at fair and reasonable compensation, negotiations with that firm shall be terminated. The City department primarily responsible for the project shall then undertake negotiations with the second most qualified firm. Failing accord, negotiations shall be terminated. The City department primarily responsible for the project shall then undertake negotiations with the third most qualified firm. Failing accord, negotiations shall be terminated. Should the City department primarily responsible for the project be unable to negotiate a satisfactory contract with any of the selected firms, the City department primarily responsible for the project may select additional firms in the manner prescribed above and continue the

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City of Orange, CA

REVENUE AND FINANCE

§ 3.08.450

§ 3.08.520

negotiation procedure until an agreement is reached.

This section shall not apply for contracts for professional services of private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms with an estimated value of $60,000.00 or more, which contracts must be approved by the City Council. Contracting for said professional services will be done in accordance with the procedures prescribed in Sections 3.08.420 and 3.08.440 above; provided that, in addition to an evaluation on the basis of fair and reasonable prices to the City for the services to be rendered, the factors set forth in subsection A of this section may be used to evaluate the competence and professional qualifications of any individual or firm proposing to provide said services.

(Ord. 12-99; Ord. 20-25, 1/27/2026)

• A. Public projects up to that amount set forth in Public Contract Code Section 22032(a), or as it may be amended from time to time, may be performed by the employees of the City by force account.

• B. Public projects up to that amount set forth in Public Contract Code Section 22032(a), or as it may be amended from time to time, may be let to contract by the informal bid procedures prescribed in Sections 3.08.150 through 3.08.170 of this chapter.

• C. Public projects up to that amount set forth in Public Contract Code Section 22032(b), or as it may be amended from time to time, may be let to contract by the informal procedures prescribed in Section 3.08.520 of this chapter.

• D. Public projects greater than that amount set forth in Public Contract Code Section 22032(c), or as it may be amended from time to time, shall, except as otherwise provided in this chapter, be let to contract by the formal bidding procedures prescribed in Sections 3.08.530 through 3.08.580 of this chapter.

• E. The City Council may utilize the bidding procedures set forth in this chapter when contracting for "maintenance work" or when contracting for any other work which does not fall within the definition of "public project."

• (Ord. 10-06; Ord. 05-23, 2023)

Except as otherwise provided herein, the contracting for public projects shall be entered into pursuant to either formal or informal bid procedures as hereinafter prescribed. (Ord. 12-99)

Pursuant to the Uniform Public Construction Cost Accounting Act as adopted by the City (Public Contract Code Section 22000 et seq.), the following shall govern the selection of contractors when a public project which is anticipated to fall within the monetary limits on informal bids described in Section 3.08.500C of this chapter is to be performed:

• A. The City shall prepare a notice of the opportunity to bid which describes the project in general terms, states the time and place for the submission of bids and describes how to obtain more detailed information about the project.

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City of Orange, CA

ORANGE CODE

§ 3.08.520

§ 3.08.530

• B. The City shall provide the notice to all contractors for the category of the work to be bid, as shown on the list of contractors developed and maintained by the Department of Public Works in accordance with criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission ("Commission").

• C. The City may also provide the notice to all construction trade journals specified by the Commission for the County of Orange. Additional contractors and/or construction trade journals may also be notified at the discretion of the Director of Public Works; provided, however: (1) if the City has not prepared a list of qualified contractors for the particular category of work to be performed, the notice inviting bids shall be provided only to the construction trade journals specified by the Commission; and (2) if the product or service is proprietary in nature such that it can be legally obtained only from a certain contractor(s), the notice inviting informal bids may be provided exclusively to such contractor(s).

• D. All notices to contractors and construction trade journals pursuant to this section shall be provided not less than 10 calendar days before bids are due.

• E. The City Manager shall have the authority to award informal contracts pursuant to this section with a value of $60,000.00 or less pursuant to the findings and recommendations presented by the Director of Public Works. Such contracts shall have the prior approval of, and be executed by, the City Manager and shall be approved as to form by the City Attorney. All contracts with a value in excess of $60,000.00 to be awarded pursuant to this section shall require the approval of the City Council and shall be executed by the Mayor and approved as to form by the City Attorney. Unless the agreement provides otherwise, the City Manager may approve dollar increases to contracts that have been approved by the City Council. The extent of the City Manager's authority to approve such increases shall be in the amount of $20,000.00 or 10%, whichever is greater. However, in no event may the City Manager approve an increase of more than $60,000.00.

• F. If all informal bids received exceed that amount set forth in Public Contract Code Section 22032(b), or as it may be amended from time to time, and the City Council determines that the cost estimate was reasonable, the City Council may award the contract to the lowest responsible bidder at up to that additional amount set forth in Public Contract Code Section 22034(d), or as it may be amended from time to time, by resolution approved by the vote of the whole City Council as required by Section 22034(d). Such contracts shall be executed by the Mayor and approved as to form by the City Attorney. Otherwise, such work shall be awarded to the lowest responsible bidder pursuant to the formal bid procedures prescribed in Sections 3.08.530 through 3.08.570 of this chapter.

• (Ord. 10-06; Ord. 12-20, 2020; Ord. 05-23, 2023; Ord. 20-25, 1/27/2026)

Except as otherwise provided herein, public projects exceeding the amount specified in Section 3.08.500(C) of this chapter shall be awarded to the lowest responsible bidder pursuant to the formal bid procedure as hereinafter prescribed.

• A. The City Council shall approve plans and specifications for all public projects which are anticipated to exceed the amount specified in Section 3.08.500(C) of this chapter.

• B. The Director of Public Works shall prepare and deliver to the Purchasing Officer for advertisement a notice inviting formal bids, stating the time and place for the receiving and

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City of Orange, CA

REVENUE AND FINANCE

§ 3.08.530

§ 3.08.540

opening of sealed bids and distinctly describing the public project. The Purchasing Officer shall publish each and every notice inviting bids in accordance with the following requirements:

1. The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the City; or, if there is no newspaper of general circulation which is circulated within the City, in a newspaper of general circulation which is circulated within the City, or if there is no newspaper which is circulated within the City, publication shall be by posting the notice in at least three places within the City as have been designated by ordinance or regulation of the City as places for the posting of its notices;

2. The notice inviting formal bids shall also be mailed to all construction trade journals specified by the Commission for the County of Orange at least 30 calendar days prior to the date of opening the bids; and

3. In addition to notice required by this section, the Purchasing Officer may give such other notice as he or she deems proper.

• C. All bids shall be presented under sealed cover and accompanied by one of the following forms of bidder's security:

  1. Cash;

  2. Cashier's check made payable to the City;

  3. A certified check made payable to the City; or

  4. A bidder's bond executed by an admitted surety insurer, made payable to the City.

• D. The security shall be in an amount equal to at least 10% of the amount bid. A bid shall not be considered unless one of the forms of bidder's security is enclosed with it. If the bidder to whom the contract is awarded shall for 10 days after the award fail or neglect to enter into the contract and file the required securities, the City shall deposit in its treasury the bid security if the security is in the form of cash or its equivalent.

• E. Provisions shall be included in any invitation for bid and in any contract documents for the furnishing of securities and/or the withholding of retentions earned to ensure performance under a contract in an amount and type as determined proper by the Director of Public Works. Provisions shall be included in any invitation for bid and in any contract documents for insurance coverage in an amount, type and term as may be specified by the City.

• F. The contractor shall not pay less than the general prevailing rates of wages, as determined by the Director of the Department of Industrial Relations, to all workers employed on a public project.

• (Ord. 10-06)

Sealed bids shall be submitted to the City Clerk with the bid number written on the envelope where they will be date and time stamped. All bids must be received and date and time stamped by the City Clerk's clock on or before the date and time due; late bids will be returned unopened. The Purchasing Officer, or his or her designee, shall publicly open all bids at the time and place

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City of Orange, CA

ORANGE CODE

§ 3.08.540

§ 3.08.560

stated in the public notice. A tabulation of all bids shall be available for public inspection in the Purchasing Division during regular business hours for a period of one year after bid opening. (Ord. 12-99)

In its discretion, the City Council may reject any and all bids presented if the Public Works Director, prior to rejecting all bids, furnishes a written notice to an apparent low bidder, informing the bidder of the City's intention to reject the bid at least two business days prior to the hearing at which the City Council intends to reject the bid. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the City Council may: (1) abandon the project; (2) readvertise for bids in the manner prescribed by this chapter; or (3) perform the work with City employees, after passing a resolution by the vote of the whole City Council as required in the Local Agency Public Construction Act, Public Contract Code Section 20100 et seq. declaring that the project can be performed more economically by City employees. (Ord. 10-06; Ord. 12-20, 2020)

All contracts for public work with a value greater than that amount set forth in Public Contract Code Section 22032(c), or as it may be amended from time to time, shall require the approval of the City Council and shall be executed by the Mayor and approved as to form by the City Attorney. Unless the agreement provides otherwise, the City Manager may approve dollar increases to contracts that have been approved by the City Council. The extent of the City Manager's authority to approve such increases shall be in the amount of $20,000.00 or 10%, whichever is greater. However, in no event may the City Manager approve an increase of more than $60,000.00. If a contract is awarded, it shall be awarded by the City Council to the lowest responsible bidder. The determination of the "lowest responsible bidder" shall be at the discretion of the City Council pursuant to the findings and recommendations presented by the Director of Public Works at the time of award of contract. In determining the lowest responsible bidder, the following shall be considered by the City Council, in addition to price:

• A. The ability, capacity and skill of the bidder to perform the contract or provide the services required;

• B. Whether the bidder can perform the contract or provide the services promptly, or within the time specified, without delay or interference;

• C. The sufficiency of the bidder's financial resources to perform the contract or provide the service;

• D. The ability of the bidder to provide future maintenance and services where such maintenance and service is essential;

• E. The quality and timeliness of the bidder's performance on previous contracts for the City;

• F. Litigation by the bidder on previous contracts with the City;

• G. The character, integrity, reputation, judgment, experience and efficiency of the bidder;

• H. The bidder is licensed under the Contractors' State License Law (commencing with Section 7000 of the Business and Professions Code of the State of California, as the same may be

Downloaded from https://ecode360.com/OR5214 on 2026-07-07

City of Orange, CA

REVENUE AND FINANCE

§ 3.08.560

§ 3.08.590

amended from time to time) to perform the work for which it submitted a bid proposal. (Ord. 10-06; Ord. 05-23, 2023; Ord. 20-25, 1/27/2026)

If two or more formal bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of re-advertising for bids, the City Council may, at its discretion, accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders.

(Ord. 12-99)

If no bids are received through the formal or informal procedure, the project may be performed by the employees of the City by force account or through a negotiated contract without further complying with this chapter.

(Ord. 10-06)

• A. In cases of emergency when repairs or replacements are necessary, the City Council, pursuant to the vote as required in Sections 20168 and 22050 of the Public Contract Code, may replace or repair any public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services and supplies for those purposes without giving notice for bids to let contracts.

• B. Before the City Council takes any action pursuant to subsection A of this section, it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.

• C. If the City Council orders any action specified in subsection A of this section, it shall review the emergency action at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the action is terminated to determine, by the vote as required in Section 22050 of the Public Contract Code, that there is a need to continue the action. When the City Council reviews the emergency action, it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.

• D. Notwithstanding the authority of the City Council to order any action specified in subsection A of this section, the City Manager is authorized, in case of an emergency, to order repairs or replacements of a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes. The City Manager shall report to the City Council at its next regularly scheduled meeting the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency. The City Council shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least every regularly scheduled meeting thereafter until the action is terminated, to determine, by the vote as required in Section 22050 of the Public Contract Code, that there is a need to continue the

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City of Orange, CA

ORANGE CODE

§ 3.08.590

§ 3.08.590

action, unless the City Manager has terminated that action prior to the City Council reviewing the emergency action and making a determination that there is no longer a need to continue the action.

• E. The work authorized under this section may be done by day labor under the direction of the Director of Public Works, by contractor, or by a combination of the two.

• (Ord. 10-06; Ord. 12-20, 2020)

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City of Orange, CA

REVENUE AND FINANCE

§ 3.10.010

§ 3.10.050