Westlake Village Municipal Code Ch. 2.6 Purchasing System

It shall be the policy of the City to obtain, where practical, supplies and equipment of the highest quality for the lowest cost.

(Ord. No. 88, Enacted, 4/12/89)

Unless the context otherwise requires, the following definition shall govern the construction of this Chapter:

"Public project" shall have the meaning set forth in California Public Contract Code Section 22002, or the successor statute thereto.

(Ord. No. 151-97, Enacted, 9/24/97)

The authority and responsibility for the purchase of supplies and equipment for the City shall be vested in the City Manager or a person acting pursuant to written authorization of the City Manager. The City Manager shall purchase supplies and equipment in accordance with the procedures prescribed in this Chapter.

(Ord. No. 88, Enacted, 4/12/89)

A. Purchases of supplies and equipment of an estimated value of greater than twenty-five thousand dollars ($25,000) shall be by written contract approved by the City Council and awarded to the lowest responsible bidder. The City shall issue a notice inviting sealed bids which shall include a general description of the supplies or equipment to be purchased, state where bid forms and specifications may be obtained, and specify the time and place for the opening of bids.

B. The notice required by subsection A shall be given in a manner determined by the City Manager to most likely reach a reasonable number of prospective bidders. Methods of notice may include, but are not limited to, publication in a trade publication appropriate to the type of supplies or equipment desired, posting in not less than three (3) public places in the City and mailing to at least two prospective bidders and any other person who has requested notice.

C. All notices pursuant hereto shall be published, posted, or mailed, as the case may be, not less than ten (10) days prior to the date specified for the opening of bids.

D. When deemed necessary by the City Council, bid security may be prescribed in the public notices inviting bids. Bidders shall be entitled to the return of bid security provided that a successful bidder shall forfeit its bid security upon refusal or failure to execute the contract within ten (10) days after the notice of award of contract has been mailed, unless the City is responsible for the delay. 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 City shall utilize the lowest bidder's bid security to offset the difference between the low bid and the second lowest bid. Any surplus remaining after such offset shall be returned to the lowest bidder.

E. Bids shall be submitted to the City Manager and shall be so identified on the envelope. Bids shall be opened at the time and place specified in the notice inviting sealed bids. Copies of all bids received by the City Manager shall be retained by the City Clerk for public inspection during regular business hours for not less than two (2) years following the bid opening.

F. The City Council may reject any and all bids, may waive any irregularity in any bid, and may readvertise for bids.

G. In the event that the City Council decides to award the contract, the contract shall be awarded to the lowest responsible bidder except as otherwise provided herein.

H. If two (2) or more bids received are for the same total amount or unit price, the City Council may accept any one of such bids or may accept the lowest bid made by negotiation with such bidders following the bid opening.

I. The City Council shall have authority to require a performance bond before entering into a contract in such amount as it shall find reasonably necessary to protect the best interest 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. No. 88, Enacted, 4/12/89; Ord. No. 151-97, Amended, 9/24/97; Ord. No. 163, Amended, 1/12/00)

(Ord. No. 210-10, § 3, 9-22-2010; Ord. No. 273-19, § 2, 10-23-2019)

Purchases of supplies and equipment of an estimated value of twenty-five thousand dollars ($25,000) or less may be made by the City Manager on the open market after solicitation of written proposals from prospective sellers regarding such supplies or equipment. Such solicitation shall be made in writing, by telephone, or otherwise and shall be made to sufficient numbers of prospective sellers as may be deemed by the City Manager to be consistent with the policy of the City Council regarding the purchase of supplies and equipment. Written proposals shall be submitted to the City Manager who shall keep a record of all open market orders and proposals for a period of two (2) years after submission of proposals or the placing of orders. Such records, while so kept, shall be open to public inspection, except that vendor proprietary data shall not be open to public inspection.

(Ord. No. 88, Enacted, 4/12/89; Ord. No. 151-97, Amended, 9/24/97)

(Ord. No. 256-17, § 2, 12-13-2017)

Sections 2.6.020 and 2.6.030 shall not apply to the purchase of supplies and equipment under the following circumstances:

A. Such supplies or equipment are of an estimated value of less than two thousand dollars ($2,000).

B. Such supplies or equipment are unique because of their quality, durability, availability, or fitness for a particular use;

C. Such supplies or equipment are available from only one source;

D. The City Manager has determined that exigent circumstances require the immediate purchase of such supplies or equipment;

E. Such supplies or equipment are provided by an independent contractor pursuant to an agreement with the City for the furnishing of labor and materials for other than the construction of a public works project;

F. For purchases of less than or equal to ten thousand dollars ($10,000), if the City Manager determines that compliance with the procedures of Section 2.6.030 is not in the public interest;

G. For purchases of more than ten thousand dollars ($10,000), if the City Council determines that compliance with the procedures of Section 2.6.020 is not in the public interest. Such determination may be made upon the award of a contract or at any time prior to such award.

(Ord. No. 88, Enacted, 4/12/89; Ord. No. 151-97, Amended, 9/24/97)

The City Manager shall inspect supplies and equipment delivered to determine their conformance with the specification set forth in the order or contract. The City Manager shall have authority to require chemical and physical tests of sam ples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications.

(Ord. No. 88, Enacted, 4/12/89)

The City Manager is authorized to execute on behalf of the City service contracts that satisfy both of the following criteria: (i) involve an expenditure of twenty-five thousand dollars ($25,000) or less; and (ii) have a duration of one year or less. Such contracts may not be renewed or extended without City Council authorization. The City Manager is authorized to execute other service contracts whenever authorization is provided by the City Council. Service contracts shall be systematically reviewed on a regular basis in accordance with City Council policy.

(Ord. No. 88, Enacted, 4/12/89; Ord. No. 151-97, Amended, 9/24/97; Ord. No. 163, Amended, 1/12/00)

(Ord. No. 210-10, § 4, 9-22-2010; Ord. No. 256-17, § 2, 12-13-2017; Ord. No. 273-19, § 3, 10-23-2019)

The following procedures shall govern the award of contracts for public projects:

A. Tier 1 Projects. Public projects of sixty thousand dollars ($60,000) or less may be performed by City employees, may be awarded by negotiated contract, or may be awarded by purchase order.

1. Solicitation of Proposals. If the estimated cost of the public project exceeds five thousand dollars ($5,000) and will not be performed by City employees, the City Manager shall solicit written proposals from prospective contractors to perform such public project. Such solicitation shall be made in writing, by telephone, or otherwise and shall be made to sufficient numbers of prospective contractors as may be deemed by the City Manager to be consistent with the policy of the City Council regarding the award of contracts for public projects.

2. Award and Execution of Contract. If a contract is awarded, the contract shall be awarded to the lowest responsible bidder. The City Manager may award and execute any public project contract of twenty-five thousand dollars ($25,000) or less. The City Council shall award any contract for more than twenty-five thousand dollars ($25,000). The Mayor shall execute the contract unless otherwise provided by the City Council.

B. Tier 2 Projects. Public projects of more than sixty thousand dollars ($60,000), but of two hundred thousand dollars ($200,000) or less shall be let by contract pursuant to the following informal bidding procedures:

1. The City shall maintain a list of qualified contractors identified according to categories of work. The list shall meet the minimum criteria established by the California Uniform Construction Cost Accounting Commission.

2. All contractors on the list for the category of work being bid or all construction trade journals specified in California Public Contract Code Section 22036, or both, shall be mailed, faxed, or e-mailed a notice inviting informal bids, unless the product or service is proprietary.

3. The notice shall be sent not less than ten (10) calendar days before bids are due and shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids.

4. Bids shall be in writing and sealed and shall be opened at the time and place designated in the notice. If a contract is awarded, the contract shall be awarded by the City Council to the lowest responsible bidder. The Mayor shall execute the contract unless otherwise provided by the City Council.

5. If all bids received are in excess of two hundred thousand dollars ($200,000), the City Council may award the contract at two hundred twelve thousand five hundred dollars ($212,500) or less to the lowest responsible bidder if the City Council determines that the cost estimate of the City was reasonable and a resolution awarding the contract is adopted by a four-fifths vote.

C. Tier 3 Projects. Contracts of more than two hundred thousand dollars ($200,000) shall be let by the formal bidding procedures specified in the Uniform Public Construction Cost Accounting Act ("Act").

D. Rejection of Bids, Failure to Receive Bids. The City Council may reject any and all bids, may waive any irregularity in any bid, and may re-advertise for bids. If no bids are received through the formal or informal procedure, the project may be performed by City employees by force account, or may be performed by negotiated contract without further compliance with the procedures of this Section.

E. Emergencies. The City Council may act contrary to this Section under any emergency authority granted by the Act or by any other provision of the California Public Contract Code. Furthermore, in the case of an emergency, as that term is used in the Act, the City Manager is delegated the authority to take such actions authorized by the Act without compliance with the procedures of this Section.

F. Project Specifications. The City Engineer is authorized to approve and adopt designs, plans, specifications, and working details for public projects.

G. Statutory Changes. If the bidding thresholds specified in this Section become inconsistent with the bidding thresholds specified in the Act due to a change in state law, then contracts for public projects may be awarded in accordance with the new bidding thresholds specified in the Act pending a corresponding amendment of this Section.

(Ord. No. 151-97, Enacted, 9/24/97)

(Ord. No. 206-09, § 1, 4-7-2009; Ord. No. 210-10, § 5, 9-22-2010; Ord. No. 217-12, § 2, 3-14-2012; Ord. No. 251-17, § 2, 3, 10-11-2017; Ord. No. 273-19, § 4, 10-23-2019)

The following procedures shall govern change orders for public projects that have been approved pursuant to the procedures established in Section 2.6.070 of this Chapter 2.6. A. The City Manager is authorized to approve any change order for less than or equal to ten thousand dollars ($10,000) provided that the change order does not cause the project budget to exceed the amount appropriated by the City Council for the project.

B. Subcommittees appointed by the City Council to supervise or monitor public projects are authorized to approve any change order for more than ten thousand dollars ($10,000) provided that the change order does not cause the project budget to exceed the amount appropriated by the City Council for the project.

C. The City Manager or any City Council subcommittee may refer any change order request to the City Council for consideration if the city manager or subcommittee believes that consideration by the City Council is appropriate.

(Ord. No. 168-00, Enacted, 12/13/00)