Chapter 4.12



CITY CONTRACTS*

4.12.010 Generally.
4.12.020 Bids required by State Improvements Acts.
4.12.030 Execution of certain contracts-Procedure.
4.12.040 Contracts for which bidding not required.
4.12.050 Certification.
4.12.060 Execution by director of public works.




* For charter provisions as to bidding on contracts generally, see Charter, Art. VI, º 9. For authority of council to provide procedure by which city may bid on certain public works, see Charter, Art. VI, º 10.

4.12.010 Generally.


A. Whenever bids are called for as required by the charter, or specifically required by the council, the following procedures shall be used:

1. Requests for the construction, improvements, repair or maintenance of public works requiring bids shall be initiated by the division responsible for the project. Plans, specifications and contracts for such projects shall be prepared by the originating division and forwarded to the city manager for presentation to the city council. Upon approval and adoption thereof by the city council, notice thereof shall be published twice in the city's official newspaper, the first publication shall be at least ten days before the time for opening bids. Sealed bids will be received at the office of the city clerk up to the time and date as specified in the request for bids, and such bids will be opened publicly at or about the specified time of such day in the council chamber of the city hall. The purchasing administrator and the head of the division, or his/her designate, which initiated the call for bids shall be present in the council chambers at the hour designated for the opening of bids if it is reasonably convenient for them to do so. At the time designated for the opening of bids, the city clerk shall publicly open, examine and declare the bids received; provided, that they shall defer such opening until at least one of the officers or employees designated for attendance at the opening of bids is present. The city clerk shall record the names of the officers or employees designated to attend the opening of bids and who are present at the opening of said bids. The city clerk shall record the bids received.

2. Immediately after opening the bids, one copy of each bid received shall be filed with the city clerk. The remaining copies of the bids shall be delivered to the head of the division who initiated the call for bids. Such division head shall render a written report to the city manager on the bids received and a recommendation thereon. The city manager shall report to the council at its next regular meeting together with any additional recommendations.

3. Requests for supplies, material, labor or other valuable consideration, requiring bids, shall be made by requisition, detailing the specifications for the goods or services required and forwarded to the purchasing office. Requisitions for similar goods from various divisions shall be combined into one competitive bid by the purchasing administrator. Bids for these items shall be advertised by mailing copies to interested vendors or contractors on the bidders' list maintained in the purchasing office and by publicly posting the same in the reception area of the purchasing office and by any additional means determined by the purchasing administrator. Such mailing and posting shall be made at least ten days before the time for opening bids. The notice calling for these bids shall provide that sealed bids will be received at the purchasing office at a time and date designated in each bid. The purchasing administrator will publicly open these bids in the purchasing office at the time designated. After opening and recording the bids, the purchasing administrator shall consult with the requesting division for its recommendation. After reviewing the recommendation and bids, the purchasing administrator shall transmit a report, including written recommendation, to the city manager on the bids received. This recommendation will include references from the requesting division as to the acceptability of the recommended vendor and goods in meeting the division's needs. Upon approval by the city manager and certification by the director of finance and administrative services as to proper funding, the purchasing administrator shall execute and forward a copy of the contract or purchase order to the successful bidder. Copies of these contracts or purchase orders shall be on file in the purchasing office, the finance and administrative services division and the requesting division's offices.

B. The provisions of this section shall not apply to bids received in connection with work performed under the Improvement Acts in the Streets and Highway Code or any other state law which does not authorize such procedure, nor shall they apply to bids received in connection with the sale of bonds by the city. "City clerk," "director of finance and administrative services," and "purchasing administrator" mean and include any person or persons properly designated and authorized to act on their behalf. (Ord. 5021 º 1, 1993: prior code º 5-12)

4.12.020 Bids required by State Improvement Acts.


Whenever bids are called for as required by the Improvement Acts in the Streets and Highways Code of the state of California, the notice inviting bids shall state that sealed bids will be received at the office of the city clerk until two p.m. on a specified Wednesday; and, that bids will be opened, examined and declared by the city clerk at a public meeting which the city clerk has called for the purpose to be held in the council chamber of the city hall at two p.m. on such day. The city clerk shall report the results of the bidding, together with the director of public work's recommendation thereon to the council at its next regular meeting after the opening of bids. (Prior code º 5-13)

4.12.030 Execution of certain contracts- Procedure.


After the council has awarded a contract to the lowest responsible bidder or has approved an appropriation which will culminate in the renewal of a contract, the contract and bonds, if any, shall be prepared and submitted to the contractor for execution. When the contract and bonds have been executed by the contractor and approved as to form by the city attorney, the city manager is authorized to execute such contract on behalf of the city. (Prior code º 5-14)

4.12.040 Contracts for which bidding not required.


Whenever materials or services are to be procured and the aggregate cost to the city is to be such that competitive bidding is not required by law and funds have been appropriated and remain unexpended to which such procurement may properly be charged, a contract providing for such procurement, duly executed by the supplier and accompanied by such sureties as may be required by law, approved as to form by the city attorney, may be executed by the city manager on behalf of the city. (Prior code º 5-14.1)

4.12.050 Certification.


Before becoming effective, contracts under which money shall or may become payable during the then current fiscal year must be certified by the director of finance and administrative services. The director of finance and administrative services shall not affix his or her certificate until he or she has ascertained that the bonds are furnished by a responsible corporate surety authorized to do business in the state. (Prior code º 5-15)

4.12.060 Execution by director of public works.


The director of public works, rather than the city manager, shall execute contracts for work under the Improvement Acts in the Streets and Highways Code of the state of California, after the award thereof by the council. (Prior code º 5-16)