Richmond Municipal Code Art. IV Specifications

"Specification" means any description of the physical or functional characteristics, or of the nature of a supply or service. It may include a description of any requirement for inspecting, testing, or preparing a supply or service for delivery.

(Ord. No. 14-20 N.S., § I, 6-30-2020)

All specifications shall be drafted to promote overall economy for the purposes intended and encourage competition in satisfying the City's needs, and shall not be unduly restrictive. The policy enunciated in this section applies to all specifications, including but not limited to, those prepared for the City by architects, engineers, designers, and other independent-contractor consultants.

(Ord. No. 14-20 N.S., § I, 6-30-2020)

When in its best interest, the City may establish a list of pre-qualified products. Suppliers that wish to have their products considered may be required to submit them for evaluation and pre-qualification before being permitted to offer them in response to a competitive solicitation.

(Ord. No. 14-20 N.S., § I, 6-30-2020)

(a) Bid Security May Be Required. Bid security may be required for all solicitations for supplies and services when the price is estimated to exceed $50,000.00. Bid security shall be a bond provided by a surety company authorized to do business in the State of California, or the equivalent in cash, or otherwise, supplied in a form satisfactory to the City. Nothing herein shall prevent the requirement of such bonds on contracts under $50,000.00, when the City Council, City Manager, or Finance Director determine it to be in the best interests of the City.

(b) Amount of Bid Security. Bid security shall be in an amount equal to at least ten percent of the amount of the bid, unless otherwise specified in the solicitation.

(c) Rejection of Bids for Noncompliance with Bid Security Requirements. When the invitation for bids or requests for proposals requires security, noncompliance requires that the bid be rejected unless it is determined that the bid fails to comply only in a nonmaterial manner with the security requirements.

(d) Withdrawal of Bids. If a bidder is permitted to withdraw its bid before award as provided in Section 2.52.310(d)(11) (Competitive sealed bids; competitive sealed bidding process; withdrawal of bids), no action shall be had against the bidder or the bid security.

(Ord. No. 14-20 N.S., § I, 6-30-2020)

(a) Performance Bond May Be Required.

(1) Requirement and Amount of Performance Bond. When a supply or service contract is awarded in excess of $50,000.00 the original contractor may be required to submit a performance bond satisfactory to the City, executed by a surety company authorized to do business in the State of California, and approved by the City Attorney, or otherwise secured in a manner satisfactory to the City, in an amount equal to 100 percent of the price specified in the contract. The bond shall be delivered to the City and shall become binding on the parties upon execution of the contract. Nothing herein shall prevent the requirement of such bonds on contracts under $50,000.00 when the City Council, City Manager, or Finance Director determine it to be in the best interests of the City.

(2) Reduction of Amount of Performance Bond. With the approval of the City Attorney, the Finance Director may reduce the amount of the performance bond to 50 percent of the contract price when a written determination is made that it is in the best interests of the City to do so.

(b) Payment Bond.

(1) Requirement and Amount of Payment Bond. When a supply or service contract is awarded in excess of $50,000.00, the original contractor may be required to submit a payment bond satisfactory to the City, executed by a surety company authorized to do business in the State of California, and approved by the City Attorney, or otherwise secured in a manner satisfactory to the City, in an amount equal to 100 percent of the price specified in the contract. The bond shall be delivered to the City and shall become binding on the parties upon execution of the contract. Contractors shall be allowed to substitute securities for retained funds pursuant to State law.

(2) Reduction of Amount of Payment Bond. Unless otherwise authorized by law, after notice to the City Manager, the Finance Director may reduce the amount of the payment bond to 50 percent of the contract price when a written determination is made that it is in the best interests of the City to do so.

(3) Authority to Require Additional Bonds. Nothing in this section shall be construed to limit the authority of the City to require other security in addition to those bonds, or in circumstances other than specified in this section.

(Ord. No. 14-20 N.S., § I, 6-30-2020)