Point Arena Municipal Code Art. II Formal Bidding Procedures

All expenditures for supplies and equipment, and for public projects, except as specifically provided herein, shall be made by contract based on competitive bids, except for special services contracts, as set forth in Section 3.05.121. City-owned personal property that has become obsolete and unusable shall be sold by competitive bidding or at public auction. (Cal. Const. Art. XI, Section 5; Gov. Code Sections 37350 through 37351.)

(Ord. 155 § 2.10, 1994; Ord. 157, 1995; Ord. 218 § 2, 2013.)

Except as otherwise provided herein, expenditures for: (a) the purchases of supplies and equipment; (b) public projects; (c) personal services, exceeding $5,000 (or such greater figure as may be from time to time set by the Legislature by amendment to Section 20162 of the Public Contracts Code of California, or by other applicable provisions) shall be by written contract awarded to the lowest responsible bidder who submits a responsive bid pursuant to the procedure hereinafter prescribed:

(1) Notice Inviting Bids. Notices inviting bids shall be approved by the city council and shall include a general description of the articles to be purchased for supplies and equipment or plans, specifications and other requirements for public works and personal services contracts. The notice inviting bids shall set a date for the opening of bids. The notice shall distinctly state the project to be done.

(2) Published Notice. Notices inviting bids shall be published two times, at least five days apart, and a minimum of 10 days prior to the date set for the bid opening, in a newspaper of general circulation. The bid advertisement shall include the date, time, and place of the opening of the bid.

(3) Bidder's List. The city clerk shall also solicit sealed bids from all responsible prospective suppliers, including those whose names are on the bidder's list or who have made written request that their names be added thereto.

(Ord. 155 § 2.15, 1994; Ord. 218 § 2, 2013.)

The city council may enter into special services contracts, as defined in Section 3.05.230, without following the procedures set forth in Section 3.05.120, when it determines that, because of the nature of the services, the necessary qualifications required of a person furnishing the services, or the availability of the service from public sources, bidding should not be required.

(Ord. 218 § 3, 2013.)

(1) If the city contracts with private architectural, landscape architectural, engineering, environ-mental, land surveying, or construction project management firms, the requirements of this section shall apply. Such contracts shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. The city council shall assure that these services are engaged on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the city of Point Arena. The city council shall consider sources such as personal recommendations, experiences with other jurisdictions, on-line reviews and rating sites, and similar sources in making such determination. Any individual or firm proposing to provide construction project management services pursuant to this section shall provide evidence that the individual or firm and its personnel carrying out onsite responsibilities have expertise and experience in construction project design review and evaluation, construction mobilization and supervision, bid evaluation, project scheduling, costbenefit analysis, claims review and negotiation, and general management and administration of a construction project.

(2) The city council in selecting private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms pursuant to this section shall assure maximum participation of small business firms, as defined by the director of general services pursuant to Government Code Section 14837(d)(1).

(3) In making a selection of private architectural, landscape architectural, engineering, environmental, land surveying, or construction project management firms pursuant to this section, the city council or city officers or employees shall not engage in practices which might result in unlawful activity including, but not limited to, rebates, kickbacks, or other unlawful consideration. In addition, city employees shall not participate in the selection process when those employees have a relationship with a person or business entity seeking a contract under this section which would subject those employees to the prohibition of Government Code Section 87100.

(Ord. 218 § 3, 2013.)

When deemed necessary by the city council, bidder's security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided, however, that a successful bidder shall forfeit bid security upon his or her refusal or failure to execute the contract within 10 days after the notice of award of contract has been mailed, unless in the latter event the city is solely responsible for the delay in executing the contract. The city council may, on refusal or failure 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 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, and the surplus, if presented and re-advertised, due to a refusal of the lowest bidder to enter into a contract, the amount of the lowest bidder's security may be used to offset the cost of receiving new bids with the surplus, if any, being returned to the lowest bidder.

(Ord. 155 § 2.20, 1994.)

Sealed bids shall be submitted to the city clerk and shall be identified as "bids" on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.

(Ord. 155 § 2.25, 1994.)

After opening the bids they shall be placed, in a timely manner, on the city council agenda for consideration.

(Ord. 155 § 2.30, 1994.)

In its discretion, the city council may reject any and all bids presented and re-advertise for bids pursuant to the procedure hereinabove prescribed.

(Ord. 155 § 2.35, 1994.)

Contracts shall be awarded to the lowest responsible bidder. In determining "lowest responsible bidder," in addition to price, the city council shall consider:

(1) The ability, capacity and skill of the bidder to perform the contract or provide the service required;

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

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

(4) The previous and existing compliance by the bidder with laws and ordinances relating to the contract of service;

(5) The quality of performance of previous contracts of service;

(6) The sufficiency of financial resources and ability of bidder to perform the contract or provide the service;

(7) The quality, availability, and adaptability of the supplies, or contractual services to the particular use required;

(8) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;

(9) The number and scope of conditions attached to the bid.

(Ord. 155 § 2.40, 1994.)

When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the city clerk and filed with the other papers relating to the transaction.

(Ord. 155 § 2.45, 1994.)

If two or more 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 in its discretion accept the one it chooses or accept the lowest bid made by and after negotiation with the tie bidders at the time of the bid opening.

(Ord. 155 § 2.50, 1994.)

The city council shall have authority to require a performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interests of the city. If the city council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

(Ord. 155 § 2.55, 1994.)

The city clerk shall not accept the bid of a contractor or supplier who is in default on the payment of taxes, licenses, or other moneys due the city.

(Ord. 155 § 2.60, 1994.)

Except as may be otherwise required by law, if all bids received for particular items of supplies, equipment or contractual services are in excess of the dollar limits specified herein for the procedures used to solicit those bids, the city council may nevertheless purchase or enter into a contract if the invoice or contract does not exceed the prescribed limit by more than 10 percent.

(Ord. 155 § 2.70, 1994.)

"Special services contract"

means a contract, as described in Government Code Section 53060, for special services and advice in financial, economic, accounting, engineering, legal, or administrative matters if such persons are specially trained and experienced and competent to perform the special services required.

"Public project"

means: (a) a project, as described in Public Contract Code Section 20161, for the erection, improvement, painting or repair of public buildings and "public works" as defined by Public Contract Code Section 1101; (b) work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow; (c) street or sewer repair work except maintenance and repair; and (d) furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers. "Public project" does not include construction project management services provided under a professional services contract, as set forth in Section 3.05.122.

(Ord. 155 § 2.75, 1994; Ord. 218 § 2, 2013.)