Chapter 4.08 — PURCHASING

This chapter shall be known as the "purchasing ordinance."

(Ord. No. 7428, § 2, 7-15-2024; Ord. 6899, § 2, 2002; Ord. 5068, § 10.00, 1972)

It is the policy of the city to:

A.

Promote the principles of equal opportunity in its contracting activities by assuring that those seeking to do business with the city are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, marital status, medical condition, sexual orientation or any other protected class.

B.

Promote the local economy by encouraging local business enterprises to make bids and proposals for city contracts and to provide the preferences for such firms when competing for city contracts as set forth in this chapter.

(Ord. 6899, § 2, 2002)

A.

"Alternative project delivery method" means a procurement for the financing, design, construction, improvement, repair, materials, maintenance and/or operation of a public works project that is not design-bid-build. Alternative project delivery methods include but are not limited to:

Design-build;

Progressive design-build;

Design-build-operate-maintain;

Design-build-finance-operate-maintain; and

Construction manager at-risk.

B.

"Alternative technical proposal" means a proposal that includes proposed changes to the project or service sought in the city's solicitation.

C.

"Best value" means a selection method for alternative project delivery method entities based on evaluation of stated criteria. Stated criteria are those deemed appropriate for an alternative project delivery method contract and must include price and may include some or all of the following criteria: features, functions, life-cycle costs, experience, and/or past performance.

D.

"City Council" means city council the city of Pasadena.

E.

"City" means city of Pasadena.

F.

"Construction manager at-risk" means a project delivery method in which the city awards separate contracts for architectural and engineering services to design a public works project, and for licensed general contractor services. The licensed general contractor provides construction management services for the project throughout the design, pre- construction services, and construction phases and also provides a guaranteed maximum price for construction.

G.

"Contract" means a written order for labor, material, supplies or services entered into by the city; any concession granted by the city; any license granted by the city which results in the production of income by the licensee; and any franchise granted by the city except for franchises of gas, electric, water or telephone utilities.

H.

"Design-bid-build" means a traditional project delivery method for public works projects in which the city sequentially awards separate contracts, the first for architectural and engineering services for design, and the second for construction of the project according to the design.

I.

"Design-build" means an alternative project delivery method in which the city contracts with a single entity for the design and construction of a public works project.

J.

"Design-build-operate-maintain" means an alternative project delivery method in which the city contracts for design, construction, operation, and maintenance services of a facility for a set period.

K.

"Design-build-finance-operate-maintain" means an alternative project delivery method in which the city enters into a single contract for design, construction, finance, maintenance, and operation of an infrastructure facility over a contractually defined period.

L.

"Employer" means a contractor or subcontractor as the context requires.

M.

"Good Faith Efforts" include but are not limited to the following factors:

Attendance at pre-solicitation or pre-bid meetings that were scheduled by the city to inform contractors or subcontractors of contracting and subcontracting opportunities for minority business enterprises, women business enterprises, disadvantaged business enterprises, local business enterprises, and other business enterprises.

Advertisement in minority, women, and other media concerning contracting and subcontracting opportunities.

Providing written notice to a reasonable number of minority business enterprises, women business enterprises, disadvantaged business enterprises, local business enterprises and other business enterprises soliciting their interest in contracting or subcontracting in sufficient time to allow them to participate effectively.

Following up initial solicitation of interest by contacting minority business enterprises, women business enterprises, disadvantaged business enterprises, local business enterprises and other business enterprises by telephone to determine with certainty whether they are interested in participating.

Selecting portions of the work to be performed by minority business enterprises, women business enterprises, disadvantaged business enterprises, local business enterprises and other business enterprises.

Providing interested minority business enterprises, women business enterprises, disadvantaged business enterprises, local business enterprises and other enterprises with adequate information about the plans, specifications and requirements of contracts and subcontracts.

Negotiating in good faith with interested minority business enterprises, women business enterprises, disadvantaged business enterprises, local business enterprises and other business enterprises. Not rejecting as unqualified without documented reasons based on a thorough investigation of the business enterprises' capabilities.

Making efforts to assist interested minority business enterprises, women business enterprises, disadvantaged business enterprises, local business enterprises and other business enterprises in obtaining necessary sources of supply, lines of credit or insurance.

N.

"Guaranteed Maximum Price" means the agreed amount that the city will pay for a public works project, including, but not limited to:

Specified scope of work;

Cost of the trade work;

General conditions;

Construction contingency; and

Fees charged by the construction management at-risk firm, design-build firm, or general contractor firm.

Costs exceeding the guaranteed maximum price shall be the responsibility of the firm or contractor.

O.

"Local business" means a business with a fixed place of business located in the city.

P.

"Material" means supplies, equipment, stores, provisions and other personal property.

Q.

"Minority" means African Americans; Hispanic Americans; Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians; Asian Pacific (including persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, and the Northern Marianas); Asian Indians (including persons whose origins are from India, Pakistan and Bangladesh); and Armenian (including persons whose origins are from the territory east of Asia Minor, known as Armenia and people of the Aryan race that migrated from Europe into that area).

R.

"MWBE" means a business owned and controlled by a woman, minority or a group of women or minorities or other individual or group.

S.

"Owned or Controlled" means owning at least 51 percent of the business and having management control of the business.

T.

"Operating company" means or refers to any non-profit public benefit corporation established by the city, which includes the Rose Bowl Operating Company, Pasadena Center Operating Company, and Pasadena Community Access Corporation.

U.

"Operating company chief executive" means or refers to the operating company's highest ranking executive in charge of day-to-day operations.

V.

"Pre-construction services" means services or activities before construction begins, which include but are not limited to: feasibility studies, design and constructability reviews, sustainability analysis, environmental documentation, value engineering, scheduling, site assessments, cost estimates, preparing bid or proposal packages, and/or reviewing and recommending contract awards.

W.

"Progressive design-build" means an alternative project delivery method in which the city contracts with a single entity for the design and construction of a public works project beginning with the initial project scoping and preliminary engineering documents development phase.

X.

"Public works" means all fixed works for the construction, alteration, repair, improvement, reconstruction, or demolition of any public improvement, including, but not limited to, constructed for public use or protection, including but not limited to, bridges, waterworks, sewers, electric works, public buildings or facilities, street improvements, and park or open space improvements.

Y.

"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.

Z.

"Services" means, but is not limited to, rental, repair and maintenance of equipment, machinery and other personal property, and professional services, but does not include public works.

AA.

For the purposes of this chapter, "small business" and "microbusiness" shall be any business which has been certified by the state of California or by the city, under purchasing procedures adopted by the city manager, as meeting the definitions set forth in California Government Code Section 14837, or any successor provision.

(Ord. No. 7434, § 2, 9-23-2024; Ord. No. 7428, § 3, 7-15-2024; Ord. 6984, § 1, 2004; Ord. 6899, § 2, 2002; Ord. 5068, § 1.00, 1972)

A.

Pursuant to Section 1001 of the Charter, all contracts shall be approved by the city council except contracts of a total value equal to or less than $250,000, except contracts of the city's operating companies as set forth in Section 4.08.026, and contracts that have been exempted from this chapter by ordinance or resolution of the city council. The total value for a contract shall include the value of all potential extensions, renewals, and options contemplated by the contract award.

B.

The city manager is authorized to approve contracts not reserved to the city council by the Charter or this chapter, unless otherwise authorized by ordinance or resolution of the city council. The city manager may delegate the authority to make purchases and awards, with such authority to be in writing and on file with director of finance.

C.

The city manager, without further city council approval and assuming there remain sufficient funds for the procurement, may increase the value of existing (not expired) contracts previously authorized by the city council to amounts not to exceed $250,000. The director of finance shall maintain a list of any such contracts amended to increase the contract value, as set forth in this subdivision. This subdivision shall sunset on December 31, 2028.

(Ord. No. 7428, § 4, 7-15-2024; Ord. 6899, § 2, 2002; Ord. 6889, § 7, 2002; Ord. 6671, § 1, 1996; Ord. 6627, § 9, 1995; Ord. 6059, § 1, 1984)

All contracts of the City's operating companies shall be signed on behalf of the city by the operating company's chief executive and approved as to form by the city attorney. The operating company's chief executive may award contracts within the amount specified in Section 4.08.025(A) which conform to the requirements of this chapter and which are reflected in any budget approved by the city council. The city council shall approve all operating company contracts in excess of the amount specified in Section 4.08.025(A), unless prescribed by ordinance, resolution, or contract. The following contracts are deemed approved by the city council without respect to amount:

A.

Contracts for advertising rights which conform substantially to standard terms and conditions set forth in a resolution of the city council adopted and/or reconfirmed from time to time and a schedule of charges specified in a resolution of city council adopted and/or reconfirmed from time to time.

B.

Licenses for luxury suites in the Rose Bowl Press Box which conform substantially to standard terms and conditions set forth in a resolution of the city council adopted and/or reconfirmed from time to time and a schedule of charges specified in a resolution of city council adopted and/or reconfirmed from time to time.

C.

Licenses for event uses which conform to the requirements of the Arroyo Seco Ordinance, which conform substantially to standard terms and conditions set forth in a resolution of the city council adopted and/or reconfirmed from time to time and a schedule of charges specified in a resolution of city council adopted and/or reconfirmed from time to time.

D.

Contracts for construction, services, labor and materials or supplies which conform substantially to standard terms and conditions set forth in a resolution of the city council adopted and/or reconfirmed from time to time and which are reflected in any budget approved by the city council.

E.

Contracts for employment which conform substantially to the standard terms and conditions set forth in a resolution of the city council adopted and/or reconfirmed from time to time and which are reflected in any budget approved by the city council.

F.

Licenses for event uses which conform to the requirements of Chapter 3.04 which conform substantially to standard terms and conditions set forth in a resolution of the city council adopted and/or reconfirmed from time to time and a schedule of charges specified in a resolution of city council adopted and/or reconfirmed from time to time.

(Ord. No. 7428, § 5, 7-15-2024; Ord. 6899, § 2, 2002; Ord. 6889, § 8, 2002; Ord. 6709, § 1, 1997; Ord. 6677, § 1, 1996; Ord. 6627, § 10, 1995)

For all competitive bidding and purchasing processes which it undertakes pursuant to this chapter, the operating companies shall have all authority granted to the city council under this chapter except as explicitly reserved to the city council in Sections 4.08.025, 4.08.026 and 4.08.155 or otherwise reserved by the Charter. The operating company's chief executive shall have all authority granted to the city manager and director of finance under this chapter, except as explicitly reserved in Section 4.08.180.

(Ord. No. 7428, § 6, 7-15-2024; Ord. 6899, § 2, 2002; Ord. 6889, § 9, 2002; Ord. 6709, § 2, 1997)

The city manager shall establish procedures for procurements excluded from competitive bidding requirements under Section 1002 of the Charter. These procedures shall include requiring city departments to consider quotes from local vendors, as shall be defined in the procedures, prior to considering quotes from non-local vendors and to purchase goods and service locally where commercially reasonable. When the material or service is in fact a single purchase, it shall not be divided into parts for the purpose of reducing the amount of the contract below the sum of the $75,000.

(Ord. No. 7428, § 7, 7-15-2024; Ord. 6984, § 2, 2004; Ord. 6899, § 2, 2002; Ord. 5478, § 1, 1980; Ord. 5068, § 2.00, 1972)

A.

Every contract shall contain the following provisions, which shall be designated as the "equal employment opportunity practices provisions," except that the city manager may agree to modify subparagraph 5, relating to local preference, where it is in conflict with federal or state laws or regulations:

Contractor certifies and represents that, during the performance of this contract, the contractor and any other parties with whom it may subcontract shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decision making, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, or any other class protected by Government Code Section 12940, subdivision (a). Contractor further certifies that it will not maintain any segregated facilities.

Contractor shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of this contract, state that it is an "equal opportunity employer" or that all qualified applicants will receive consideration for employment

without regard to their race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decision making, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, or any other class protected by Government Code Section 12940, subdivision (a).

Contractor shall, if requested to so do by the city, certify that it has not, in the performance of this contract, discriminated against applicants or employees because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decision making, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, or any other class protected by Government Code Section 12940, subdivision (a).

If requested to do so by the city, contractor shall provide the city with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.

Contractor agrees to recruit Pasadena residents initially and to give them preference, if all other factors are equal, for any new positions which result from the performance of this contract and which are performed within the city.

Nothing contained in this contract shall be construed in any manner so as to require or permit any act which is prohibited by law.

The contractor shall include the provisions set forth in paragraphs numbered 1 through 7 of subsection A of this section, inclusive, in each of its subcontracts.

B.

Every contractor shall submit a nondiscrimination certificate in a form acceptable to the city. No contract shall be awarded until the contractor has submitted to the city or has on file with the city a nondiscrimination certificate acceptable to the city.

C.

For contracts in excess of the competitive bidding threshold of Section 4.08.045 involving the provision of labor or services, the contractor shall submit information requested on a form provided by the city which, among other requested information, specifies the number of minority, women, and city of Pasadena residents who are employed by contractor and the number of minority owned, women owned, and local business subcontractors.

(Ord. No. 7434, § 3, 9-23-2024; Ord. No. 7428, §§ 8, 9, 7-15-2024; Ord. 6921, § 1, 2002; Ord. 6899, § 2, 2002)

Editor's note— Ord. No. 7428, § 10, adopted July 15, 2024, amended the Code by repealing former § 4.08.040, which pertained to purchases not subject to preaudit, and derived from Ord. 5068, § 2.05, of 1972; and Ord. 6899, § 2, of 2002.

The bidding procedure specified in this chapter shall be required for all contracts of $75,000 or more for supplies, materials, labor or other valuable consideration, to be furnished to the city, except for contracts otherwise excluded from competitive bidding requirements by the city council; or by a provision of the Charter or state law. Where not otherwise provided by this

chapter, the city manager shall establish procedures for bid openings and for the preparation and execution of bids and contracts.

(Ord. No. 7428, § 11, 7-15-2024; Ord. 6899, § 2, 2002)

For competitively bid contracts for the purchase of goods and materials of a total value in excess of the amount specified in Section 4.08.045 where it has been determined that the city will receive a return of sales and use tax, a preference to local businesses equal to the amount the city will receive in sales and use tax revenue shall be provided. The city manager may modify or eliminate this preference where it is in conflict with federal or state laws or regulations.

(Ord. No. 7428, § 12, 7-15-2024; Ord. 6921 § 2, 2002: Ord. 6899, § 2, 2002)

For contracts of a total value in excess of the amount specified in Section 4.08.045 that are not required to be competitively bid, a competitive selection process shall be provided which will be open to all persons qualified to perform such service. Competitive selection is a process where factors in addition to cost are weighed, where a contract can be awarded to other than the proposer with the lowest price and shall be based upon a written request for proposals or qualifications approved by the city attorney and the director of finance. Competitive selection of professional service firms shall be evaluated and determined on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. Competitive selection using alternative project delivery methods shall be evaluated and determined on a best value basis.

(Ord. No. 7434, § 4, 9-23-2024; Ord. No. 7428, § 13, 7-15-2024; Ord. 6899, § 2, 2002)

For contracts that are subject to competitive selection as required by Section 4.08.047, local businesses shall receive a preference equal to 5 percent of the overall evaluation. In addition, small businesses and microbusinesses shall receive a preference equal to 5 percent of the overall evaluation. The city manager may modify or eliminate the local, small or micro business preference where it is in conflict with federal or state laws or regulations.

(Ord. No. 7428, § 14, 7-15-2024; Ord. 6984 § 3, 2004: Ord. 6921 § 3, 2002: Ord. 6899, § 2, 2002)

A.

The following contracts are exempt from the competitive selection process upon a determination by the director of finance or purchasing administrator that the facts support the exemption:

Contracts for labor or services rendered by any city officer or employee.

Contracts for labor, material, supplies or services furnished by one city department to another department.

Contracts with other governmental entities.

Contracts for legislative liaison and lobbying services.

Contracts relating to the acquisition, disposal or lease of real property.

Contracts for labor, material, supplies or services for actual emergency work.

B.

Contracts may be exempted from the competitive selection process where a determination is made that the best interests of the city are served by a direct award of a contract without a competitive selection process. The city council (by resolution or motion) shall have the authority to make such an exemption for all contracts authorized by Section 4.08.025(A), and the city manager shall have the authority for all contracts authorized by Section 4.08.025(B).

(Ord. No. 7428, § 15, 7-15-2024; Ord. 6899, § 2, 2002)

For contracts with a total value less than $75,000, an informal selection process shall be provided which will be open to all persons qualified to provide the required labor, material, supplies or services. Where appropriate the selection process may consider factors other than cost. The informal selection process for purchases in excess of $10,000 shall include the solicitation of no fewer than three vendor quotes unless otherwise exempted by this chapter.

(Ord. No. 7428, § 16, 7-15-2024; Ord. 6899, § 2, 2002)

Exemptions from the informal selection process shall be the same as those stated in Section 4.08.049. The director of finance may approve all exemptions under $75,000.

(Ord. No. 7428, § 17, 7-15-2024; Ord. 6899, § 2, 2002)

other basis.

In lieu of the competitive bidding process specified in this chapter, the city council may direct a competitive financing process for any contract authorized under Sections 5920 et seq. of the California Government Code and any successor provisions thereof. The competitive financing process shall include, at a minimum, the following elements: (i) a notice of request for such contract shall be published at least once, no fewer than 10 days prior to the date of receipt of quotations for the contract in a financial publication generally circulated throughout the state of California reasonably designed to reach potential providers; (ii) no fewer than three qualified providers shall be issued a request for the contract; (iii) firm price quotations shall be requested in the time frame and manner reasonably designed to foster competition, to prevent fraud and collusion and to secure the most favorable price for the city; (iv) the contract shall be awarded to the qualified provider quoting the lowest and best quote to the city as reasonably determined in accordance with the criteria specified by the city; and (v) the results of the competitive financing process shall be reported to the finance committee of the city council following the award of the contract. All other administrative procedures governing any particular financing and the award of any particular contract may be set forth in a resolution adopted by the city council otherwise consistent with state law, the city Charter and this code.

(Ord. 6899, § 2, 2002; Ord. 6819 § 2, 2000)

In lieu of the competitive bidding process specified in this chapter, the city council may direct a competitive bidding process for any loan facility evidenced by a subordinate revenue bond. The competitive bidding process shall include, at a minimum, the following elements: (i) a notice of request for such loan facility shall be published at least once, no fewer than 10 days

prior to the date of receipt of quotations for the loan facility in a financial publication generally circulated throughout the State of California reasonably designed to reach potential providers; (ii) no fewer than three qualified providers shall be issued a request for the loan facility; (iii) firm price quotations shall be requested in the time frame and manner reasonably designed to foster competition, to prevent fraud and collusion and to secure the most favorable terms for the city; (iv) the loan facility shall be awarded to the qualified provider quoting the best quote as determined by the city, which quote need not necessarily be the lowest quote, as reasonably determined in accordance with the criteria specified by the city; and (v) the results of the competitive bidding process shall be reported to the finance committee of the city council following the award of the loan facility. All other administrative procedures governing any particular financing and the award of any particular loan facility may be set forth in a resolution adopted by the city council otherwise consistent with state law, the City Charter and this Code.

(Ord. No. 7245, § 2, 7-14-2014)

For contracts subject to competitive bidding, a notice inviting bids shall be published for at least one day in at least one of the following: (1) a newspaper of general circulation in the city; or (2) a trade journal reaching the industry that may bid on the procurement, and shall fix a period during which such bids will be received, which shall be for at least 10 calendar days after the first publication of the notice. The notice shall include a general description of the material, services or public works to be purchased or contracted for, and shall state where bid forms and specifications may be obtained and shall specify the time and place for receiving and opening of bids.

(Ord. No. 7428, § 18, 7-15-2024; Ord. 6899, § 2, 2002; Ord. 5068, § 3.01, 1972)

Editor's note— Ord. No. 7428, § 19, adopted July 15, 2024, amended the Code by repealing former § 4.08.065, which pertained to a charge for specifications, and derived from Ord. 5568 of 1982; and Ord. 6899 of 2002.

Specifications shall be approved as to form by the city attorney prior to publication.

(Ord. No. 7428, § 20, 7-15-2024; Ord. 6899, § 2, 2002; Ord. 6393, § 1, 1990; Ord. 5551, § 1, 1982; Ord. 5068, § 3.02, 1972)

Except as may otherwise be provided herein or as required by the procurement documents and/or contract, the provisions of the then current edition of the "Standard Specifications for Public Works Construction," prepared and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California Districts of the Associated General Contractors of California and any supplements thereto issued or approved by the city engineer, are adopted and applicable to all public works construction undertaken after the effective date of the ordinance codified in this chapter.

(Ord. No. 7434, § 5, 9-23-2024; Ord. 6899, § 2, 2002; Ord. 6817, § 1, 2000)

When deemed necessary by the director of finance, bidder's security shall be required by the notice inviting bids. All bids submitted pursuant thereto shall be accompanied by cash or its equivalent, in an amount equal to 5 percent of the bid. If the bidder to whom the contract is awarded shall for 15 days after the award fail or neglect to enter into the contract and file the required bond, the city may deposit in its treasury the bid security. When so deposited, under no circumstances shall it be returned to the defaulting bidder. In lieu of the foregoing, any bid may be accompanied by a surety bond in said amount furnished by a surety authorized to do a surety business in the state guaranteeing that the bidder will enter into the contract and file the required bond or bonds within said period. Any person may file with the city an annual bid bond, which shall be a surety bond in the amount of 5 percent of the highest amount bid during the period of the bond.

(Ord. 6899, § 2, 2002; Ord. 5068, § 3.03, 1972)

All bids shall be sealed and submitted to the city in the form and manner as specified in the notice inviting bids. Bids shall be opened at the time stated in said notice. Any bid that does not conform to the requirements of this chapter, the specifications, or notice inviting bids shall be rejected.

(Ord. No. 7428, § 21, 7-15-2024; Ord. 6899, § 2, 2002; Ord. 5068, § 3.04, 1972)

For contracts subject to competitive bidding, the contract shall be awarded by the city council to the lowest and best bidder.

(Ord. No. 7428, § 22, 7-15-2024; Ord. 6899, § 2, 2002; Ord. 5068, § 3.05, 1972)

The city shall promptly return to the unsuccessful bidders their bid security. The city shall retain the bid security of the successful bidder until after execution of the contract and approval of the bonds or other security furnished by the bidder for the faithful performance of the contract, and then shall return such bid security to the successful bidder.

(Ord. No. 7428, § 23, 7-15-2024; Ord. 6899, § 2, 2002; Ord. 5068, § 3.06, 1972)

The city council may reject any and all bids. If a successful bidder fails to enter into a contract awarded to him, or if a contract is not commenced by the contractor or his surety, the city council may abandon the matter or may readvertise the original proposal or a modification thereof, or the unfinished portion thereof as herein provided, or may award the contract to the next lowest and best bidder with the consent of such bidder.

(Ord. 6899, § 2, 2002; Ord. 5068, § 3.07, 1972)

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

A.

The quality of the material offered;

B.

The ability, capacity and skill of the bidder to perform the contract or provide the material or services;

C.

Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference;

D.

The sufficiency of the bidder's financial resources and the effect thereof on his ability to perform the contract or provide the material or services;

E.

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

F.

The quality and timeliness of the bidder's performance on previous orders or contracts for the city;

G.

Litigation by the bidder on previous orders or contracts with the city;

H.

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

I.

Certification by bidder of compliance with the Equal Employment Opportunity—Non-discrimina-tion requirements.

J.

Certification by bidder of compliance with the Pasadena living wage ordinance, where applicable.

(Ord. 6899, § 2, 2002; Ord. 6763, § 2, 1998; Ord. 5068, § 3.08, 1972)

A.

For the purposes of this section, bidder responsibility includes those factors listed in subsections B, D, E, F, G, I and J of Section 4.08.130.

B.

Prior to any contract award, the city council may find any bidder to be nonresponsible to perform the specific contract to be awarded. The city council may do so on its own motion or on recommendation of the city manager.

C.

In conjunction with any contract award or with any action on a contract, the city council may debar a contractor from bidding on future contracts by finding, upon substantial evidence, nonresponsibility which arises from any one of the following: (1) commission of fraud or a criminal offense in connection with soliciting, obtaining or preparing a public contract; (2) violation of federal or state antitrust statutes in relation to a bid on a public contract; (3) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; (4) commission of any other offense that indicates a lack of business integrity or business honesty; (5) present debarment by another public entity; (6) breach of a statutory or contract provision which specifies or requires debarment as a remedy; or (7) any other cause so serious it substantially affects the contractor's present responsibility.

D.

Before a finding of nonresponsibility is made, and before a contract requiring competitive bidding is awarded to other than the lowest bidder, a bidder must have been notified of any evidence of its nonresponsibility, must have been afforded an opportunity to rebut such evidence and must have been permitted the opportunity to present evidence of responsibility to perform the contract. Any finding of nonresponsibility shall focus on present non-responsibility, shall be for the purpose of protecting the interests of the public and is not intended to punish a bidder.

E.

A quasi judicial proceeding shall not be required for the council to take action under this section.

F.

The duration of any debarment shall be the period of time the city council finds shall best protect the interests of the public but shall not exceed two years. However, in the event of a debarment for breach of a statutory or contract provision which specifies or requires debarment as a remedy, the duration shall be the period specified in said statutory or contract provision, and, if none, then as the city council finds in accord with this subsection.

G.

The provisions of this section are in addition to and not in place of measures set forth as sanctions in the Pasadena living wage ordinance.

(Ord. 6899, § 2, 2002; Ord. 6763, § 3, 1998; Ord. 6613, § 1, 1994)

A.

Competitive bidding for a project may be completed in a two-part bidding process, including a request for qualifications element, when approved by the city manager and approved as to form by the city attorney prior to publication.

B.

The first part of the two-part bidding process shall include a notice of a request for qualifications for a specific project which shall meet the publication requirements of Section 4.08.060, which shall include a general description of the material, services or public works to be purchased or contracted for, which shall state where request for qualifications forms may be obtained and which shall specify the time and place for receiving responses. The request for qualifications shall include criteria for determining responsive and responsible bidders under those factors specified in subsections A through I of Section 4.08.130 and under any other requirements for the project. A list of responsive and responsible bidders will be mailed to all bidders responding to the request for qualifications within 5 calendar days of determination of the full list.

C.

The second part of the two-part bidding process shall consist of a sealed price bid on the detailed specifications for the project by all responsive and responsible bidders as determined in the first part of the bidding process. The price bid opening shall conform with all the requirements of Section 4.08.090, except that bids shall be opened at the time stated in the detailed specifications which may be no sooner than the tenth calendar day after transmittal of the detailed specifications; contract award shall conform with Section 4.08.100, and rejection of price bids shall conform with Section 4.08.120.

(Ord. No. 7428, § 24, 7-15-2024; Ord. 6899, § 2, 2002; Ord. 6430, § 1, 1991)

A.

The city council may approve the following alternative project delivery methods for the procurement, design, construction, improvement, repair, maintenance, and/or operation of a public works project: design-build, progressive design-build, design-build-operate-maintain, design-build-finance-operate-maintain, construction manager at-risk, or other project delivery methods.

B.

Alternative project delivery methods may be used for projects that are valued at more than $1 million and for projects that are valued at less than $1 million if recommended by the city manager, and that meet at least one of the criteria in both of the following subsections (1) and (2), such that the selected method is in the best interests of the city:

The project:

a.

Has a high level of technical complexity;

b.

Calls for expertise that city staff does not possess;

c.

Has a scope of work and technical requirements that are difficult to define;

d.

Benefits from early contractor involvement;

e.

Calls for a high level of risk management;

f.

Has complex phasing for implementation;

g.

Calls for overall schedule acceleration;

h.

Calls for value engineering or other solutions to reduce construction costs or to improve function, quality, performance, or sustainability;

i.

Has budget constraints requiring construction cost guarantees; and/or

j.

Contemplates a third party operating, managing, maintaining, or servicing the building, facility, or infrastructure after the project's completion.

The alternative project delivery method is anticipated to:

a.

Minimize the project delivery time;

b.

Accelerate the start of project revenue;

c.

Minimize the project's cost;

d.

Maximize the project's budget; and/or

e.

Improve the project's quality or functionality.

C.

City council approval of an alternative project delivery method is required before the preparation of a competitive selection procedure seeking proposals for an alternative project delivery method.

D.

Competitive Selection Procedures.

The solicitation shall include the scope and needs of a project, selection method, and selection factors and relative weight of those factors.

The following competitive selection processes may be used:

a.

Request for qualifications;

b.

Request for proposals; or

c.

Request for alternative technical proposals.

E.

Contract Award.

The contract shall be awarded by the city council to the best value proposer.

For alternative project delivery methods that will involve negotiation of a guaranteed maximum price, the city council in its sole discretion may direct completion of the project at a cost not to exceed the guaranteed maximum price agreed to by the city and contractor. If the city and contractor do not reach agreement on a guaranteed maximum price, or the city council otherwise elects not to direct completion of the remaining work, the city council may direct solicitation of proposals to complete the project from firms that submitted statements of qualifications or proposals pursuant to subdivision (D)(2) of this section. The city council may also direct, upon determination that it is in the best interest of the city, solicitation of proposals or bids from other entities to complete the project.

(Ord. No. 7434, § 6, 9-23-2024)

All such contracts or purchase orders shall require adequate security for the faithful performance of the contract in a form approved by the city attorney. In addition to a faithful performance bond or other security, contractors who furnish both labor and material shall furnish a contractor's bond satisfactory to the city in an amount not less than 50 percent of the value of the contract. The director of finance may waive the requirement of a faithful performance bond when in his opinion such waiver will not be detrimental to the city.

(Ord. 6899, § 2, 2002; Ord. 5068, § 3.09, 1972)

In case of actual emergency which requires immediate purchase of material or services, the director of finance or his authorized representative with the approval of the city manager may secure without competitive bidding, at the lowest obtainable price, any material or services regardless of the amount of the expenditure. A full report of the circumstances of any such emergency purchase shall be filed with the city manager, and, where the expenditure exceeds $250,000, with the city council.

(Ord. No. 7428, § 25, 7-15-2024; Ord. 6971, § 1, 2004; Ord. 6899, § 2, 2002; Ord. 5068, § 4.00, 1972)

The director of finance shall report annually on the past fiscal year's procurement activity. Such annual report shall include a statistical report on all procurements awarded to minority business enterprises, women business enterprises, and local businesses.

(Ord. No. 7428, § 26, 7-15-2024; Ord. 6899, § 2, 2002)

In case of actual emergency which requires immediate purchase of materials or services by an operating company's chief executive, with the approval of the chair or president of the operating company's board of directors, an operating company may secure, without competitive bidding, at the lowest obtainable price, any material or service regardless of the amount of the expenditure. A full report of the circumstances of any such emergency purchase shall be filed with the operating company's board of directors, and, where the expenditure exceeds the contracting threshold set forth in Section 4.08.026, with the city council and the operating company's board of directors.

(Ord. No. 7428, § 27, 7-15-2024; Ord. 6899, § 2, 2002; Ord. 6709, § 3, 1997)

The city may require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with the specifications.

(Ord. 6899, § 2, 2002; Ord. 5068, § 5.00, 1972)

Notwithstanding any other provision of this chapter to the contrary, any public work or other work on city property may be accomplished by city personnel pursuant to Section 1002 of the Charter.

(Ord. 6899, § 2, 2002; Ord. 5068, § 6.00, 1972)

A.

Pursuant to California Public Contract Code Section 1100.7, the City of Pasadena, as a charter city, is exempt from the provisions of the Public Contract Code, except as provided by ordinance, agreement, or where the city chooses, in its discretion, to follow portions of the Public Contract Code.

B.

When public works projects or other applicable contracts are funded by state or federal sources, including but not limited to, loans or grants, the city shall comply with any contract solicitation, bidding, evaluation and award rules or regulations required in order to receive such state or federal funds.

(Ord. No. 7428, § 28, 7-15-2024)

Except for emergency purchases and except where the amount of the purchase is under the amount specified in Section 1004 of the Charter, no contract shall be awarded and no purchase order issued until the director of finance or his authorized representative shall have certified after preaudit that there is a sufficient unencumbered appropriated balance, in excess of all unpaid obligations, to defray the amount of the proposed expenditure.

(Ord. No. 7428, § 29, 7-15-2024; Ord. 6899, § 2, 2002; Ord. 5068, § 7.00, 1972)

For contracts requiring the contractor to establish participation goals for disadvantaged business enterprises, the city manager shall develop rules and regulations to administer a disadvantaged business enterprise program. Participation rates for utilization of disadvantaged business enterprises will be based on relevant data of available disadvantaged business enterprises in the city's general contracting area as required by federal regulations. The rules and regulations shall include implementation guidelines, including definitions and criteria for what constitutes a disadvantaged business enterprise, consistent with both state and federal disadvantaged business program criteria and other applicable law.

(Ord. 6899, § 2, 2002)

A.

The city council shall approve all policies and regulations related to broad outreach efforts and data reporting requirements for MWBE.

B.

The city manager shall be responsible for the administration of the MWBE program and assuring its implementation by city agencies and departments.

C.

Agency directors and city department heads shall be accountable for performing the provisions of this chapter regarding contracting with minority, women, local and other business enterprises, as applicable, and establishing and meeting the goals required by this chapter.

D.

The purchasing administrator shall establish a monitoring system for all contracts covered by this chapter and produce annual reports of contracting activity.

E.

The city manager shall develop rules and regulations to implement the provisions of this chapter, shall function as the MWBE contract compliance officer for purposes of enforcing the provisions of this chapter and its accompanying rules and regulations, and shall monitor program compliance and produce the required audits and reports required under this chapter and its rules and regulations.

F.

General responsibilities of city departments and agencies are as follows:

When appropriate, city departments and agencies shall advertise contracting opportunities in media directed toward minority, women, local and other businesses enterprises. Appropriateness to be determined jointly by the contracting department or agency and the city manager.

City departments and agencies shall provide minority, women, local and other businesses with assistance in complying with city contracting requirements including but not limited to assistance with the preparation of plans and the obtaining of necessary bonds and insurance. Such assistance to be provided by the city manager with the cooperation of the contracting department or agency.

City departments and agencies may waive, when prudent to do so, city insurance and bonding requirements that impede the ability of such businesses to compete for city contracting opportunities. All such waivers must be made prior to the release of the request for proposals or invitation for bids and the waiver shall be noted therein. Such waivers may be granted by the risk manager for insurance requirements and by the director of finance for bonding requirements considering the advice of the contracting department or agency and the city manager.

(Ord. No. 7428, § 30, 7-15-2024; Ord. 6899, § 2, 2002)

A.

The failure of any contractor to comply with the nondiscrimination requirements of its contract shall be a breach of its contract and shall be deemed to be a material breach. Such failure shall only be established upon a finding to that effect by the awarding authority, on the basis of its own investigation or that of the city manager. No such finding shall be made except after notice of the alleged violation and an opportunity to be heard has been given to the contractor. The contractor may be given an opportunity to remedy such breach.

B.

A contractor aggrieved by a finding of such breach by the awarding authority may appeal such finding to binding arbitration in accordance with rules and regulations promulgated by the city manager. No penalties shall be imposed pending disposition of such appeal.

C.

Upon a finding duly made that the contractor has failed to comply with the nondiscrimination requirements of its contract, its contract may be canceled, terminated or suspended, in whole or in part, by the awarding authority, and all moneys due or to come due under the contract may be retained by the city. Further, the city may sue to recover any moneys paid to a noncomplying contractor by the city and shall be entitled to court costs and attorneys' fees if it is the prevailing party.

In addition thereto, a finding of such breach may be the basis for a determination by the awarding authority that the contractor is an irresponsible contractor. In the event of such determination, such contractor shall be disqualified from being awarded a contract with the city for a period of 2 years from the date of finding, unless, prior to the end of the 2 years, it can establish that it is ready, willing and able to comply with the provisions of this chapter.

D.

This chapter creates no private cause of action within or for the public and may only be enforced by the city. 4.08.184 Rules and regulations.

(Ord. 6899, § 2, 2002)

The city manager shall promulgate rules and regulations to carry out the provisions of this chapter and shall generate or collect statistics on the representation of women and minorities identified by race, color, national origin or sex within the relevant labor market for various job classification groupings. Such rules and regulations shall be reviewed and approved as to form by the city attorney prior to submission to the city council, to assure that they are compatible with the city's contracting practices, this chapter and local, state and federal law. Such rules and regulations shall be submitted to the city council and shall not become operative or effective until approved and ordered filed by the city council.

(Ord. No. 7428, § 31, 7-15-2024; Ord. 6899, § 2, 2002)