San Leandro Municipal Code Art. 2 Contracts—Competitive Bids

(Legislative History: Ordinance No. 84-013, 6/4/84; Ordinance No. 89-008, 3/20/89; Ordinance No. 2013-002, 4/1/13 (Section 1-5-200); Ordinance No. 2022-020, 12/5/22 (Section 1-5-200))

Public Works projects, other than maintenance and repair, requiring an expenditure in excess of Five thousand dollars shall be subject to competitive bidding. Projects requiring an expenditure in excess of One hundred thousand dollars shall be awarded by the City Council. Projects requiring an expenditure of One hundred thousand dollars or less shall be awarded by the City Manager or designee. For purposes of this Chapter, the term "City" shall mean and include the City Council for projects in excess of One hundred thousand dollars and shall mean and include the City Manager or designee for projects of One hundred thousand dollars or less. The City Manager may bring to the City Council for approval any Public Works project contract for any amount at any time.

No public works project shall be split into smaller projects or work orders for the purpose of evading the provisions of this Chapter.

A notice inviting bids shall be published once not less than seven days before the date of opening bids.

All bids shall be sealed, identified on the envelope, and submitted to the City at or before the time specified on the notice. At the time specified, the bids shall be publicly opened and read. Any bid submitted after commencement of bid opening shall be rejected and returned unopened.

Each bid shall be accompanied by a bid deposit equal to at least 10% of the amount bid. Such deposit shall be in the form of cash, certified or cashier's check payable to the City, or bidder's bond in favor of the City. If a bidder awarded a contract fails to execute the contract or furnish the bonds or certificates required within the time provided by the specifications, the bid deposit shall be forfeited to the City.

Except as otherwise provided herein, the City shall award a contract for a public works project to the lowest responsible bidder whose bid complies with the specifications. In determining responsibility, the City shall consider the known reliability, resources, experience, integrity and the reputation for workmanship of the various bidders. The City may waive any informalities or minor irregularities in bids received.

The City, in its discretion, may reject any bids received and may:

(a) Abandon the project;

(b) Readvertise;

(c) Proceed under Article 3 of this Chapter.

Upon a determination by the City that an emergency exists which threatens the public health, safety or welfare, the City may award a contract for a Public Works project without competitive bidding.

Notwithstanding the provisions of this Article 2 to the contrary, the City may award a contract or contracts for public works without formal competitive bidding contemplated by this Article whenever, upon competent evidence, the City finds that:

(a) Formal competitive bidding would result in greater cost and expense to the City and is consequently impractical, undesirable or incongruous; or

(b) The public works contemplated are capable of being performed only by a sole provider such as a public utility, the holder of an exclusive patent or franchise, or another governmental agency; and

(c) In the instance of subsection (a) or (b) of this section, the price offered to the City is fair, just and equitable.