Ord 1958 - Amending Code of the Town Section 2.50.130 Establishing an Informal Bid Process and Adopting By Resolution the Uniform Construction Cost Accounting Procedures as set out in Section 22000 of the Public Contracts CodeORDINANCE 1958
ORDINANCE OF THE TOWN OF LOS GATOS
AMENDING CODE OF THE TOWN OF LOS GATOS
SECTION 2.50.130 ESTABLISHING AN INFORMAL BID PROCESS
AND ADOPTING BY RESOLUTION THE UNIFORM CONSTRUCTION
COST ACCOUNTING PROCEDURES AS SET OUT IN SECTION
22000 OF THE PUBLIC CONTRACTS CODE
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY
ORDAIN THE FOLLOWING:
SECTION 1
Section 2.50.130 is amended to read as follows:
Sec. 2.50.130. Use of bidding procedures required; exceptions.
(a) When the expenditure required for the purchase of equipment, materials, supplies
and services exceeds twenty -five thousand dollars ($25,000), such purchases shall be
contracted for and let to the lowest responsible bidder after notice pursuant to section
2.50.140. Purchases that do not exceed the amount above - specified shall be made by the
Purchasing Agent only after an informal investigation of the sources of supply for the
purpose of ascertaining the lowest price for which the commodities desired can be acquired
and appropriate cost accounting principles are employed.
(b) The letting of purchases to the lowest responsible bidder pursuant to section
2.50.140 may be dispensed with when:
(1) The Town Council or the Purchasing Agent finds that an emergency
requires that an order be placed with the nearest available source of
supply.
(2) The Purchasing Agent finds that the commodity can be obtained from
only one (1) vendor, or when the purchase is to be made through a
county or other public agency.
(3) The Town Council finds that because of the uniqueness or special
characteristics of the commodity, it would be more advantageous to the
Town to purchase by negotiated bid.
(4) The purchase qualifies for the informal bid process as detailed in the
Cost Accounting Policies and Procedures Manual of the California
Uniform Public Construction Cost Commission and adopted by
resolution.
SECTION II
Section 2.50.131 is added to read as follows:
Section 2.50.131. Informal Bid Procedures
A public project, as defined by the Act, of more than $25,000 and not more than
seventy -five thousand ($75,000) may be let to contract by informal procedures as set forth
in Section 22032, et seq., of the Public Contract Code.
SECTION III
Section 2.50.132 is added to read as follows:
Section 2.50.132. Contractors List
A list of contractors shall be developed and maintained in accordance with the
provisions of Section 22034 of the Public Contract Code and criteria promulgated from time
to time by the California Uniform Construction Cost Accounting Commission.
SECTION IV
Section 2.50.133 is added to read as follows:
Section 2.50.13020. Notice Inviting Informal Bids
(a) When a public project is to be performed that is subject to Section 2.50.13010
a notice inviting informal bids will be mailed to all contractors for the category of work to
be bid, as shown on the list developed in accordance with Section 2.50.13015, and to all
construction trade journals as specified by the California Uniform Construction Cost
Accounting Commission in accordance with Section 22036 of the Public Contract Code.
Additional contractors or construction trade journals may be notified at the discretion of
the department soliciting bids; provided, however:
(1) If there is no list of qualified contractors maintained by the Town for the
particular category of work to be performed, the notice inviting bids shall be
sent only to the construction trade journals specified by the Commission.
(2) If the product or service is proprietary in nature such that it can be
obtained only from a certain contractor or contractors, the notice inviting
informal bids may be sent exclusively to that contractor or contractors.
SECTION V
Section 2.50.134 is added to read as follows:
Section 2.50.134. Award of Informal Bid Contracts
The Town Council will award informal contracts under Section 2.50.13010 or
designate a specific Town officer to make the award on a project by project basis.
SECTION VI
Section 2.50.140 is amended to read as follows:
Section 2.50.140 Formal bidding procedure.
Except as otherwise provided in section 2.50.130, for public projects, purchases of
equipment, materials and services of an estimated value greater than twenty -five thousand
dollars ($25,000) shall be by formal bidding procedure as follows:
(1) Notice inviting bids. Notice inviting bids shall include a general description pf the
articles to be purchased, shall state where bid blanks and specifications may be
secured, and the time and place for opening bids.
(2)Published notice. Notice inviting bids shall be published by the Town Clerk at least
ten (10) days before the date of opening of the bids. Notice shall be published at
least once in a newspaper of general circulation, printed and published in the Town,
or if there is none, it shall be posted in a least three (3) public places in the Town.
(3)Bulletin board. The .Purchasing Agent shall also advertise pending purchases by
a notice posted on the public bulletin board in the Town Hall.
(4)Bidders' list. The Purchasing Agent shall also solicit sealed bids from all
responsible prospective suppliers whose names are on the bidders' list or who have
requested their names to be added thereto.
(5)Bidders'security. When deemed necessary the Purchasing Agent, bidders' security
may be prescribed in the public notices inviting bids. Bidders shall be entitled to
return of bid security; provided, that a successful bidder shall forfeit the 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 Town is responsible for the delay.
The Town Council may, on refusal or failure of the successful bidder to execute the
contract, award it to the next lowest bidder, the amount of the lowest bidder's
security being applied by the Town to the difference between the low bid and the
second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
(6)Bid- opening procedure. Sealed bids shall be submitted to the Town 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 thirty
(3) calendar days after the bid opening.
(7)Rejection of bids. In its discretion, the Town Council may reject any bids
presented and readvertise for bids.
(8)Award of contracts. Contracts shall be awarded by the Town Council to the lowest
responsible bidder, except as otherwise provided herein.
(9)Tie bids. If two (2) 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 Town Council may accept the one it chooses or
accept the lowest bid made by negotiation with the tie bidders at the time of the bid
opening.
(10)Perfonnance bonds. The Town 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 interest of the Town. If the Town Council
requires a performance bond, the form and amount of the bond shall be described
in the notice inviting bids.
SECTION VII
This ordinance was introduced at a regular meeting of the Town Council of the
Town of Los Gatos on September 20, 1993 and adopted by the following vote as an
Ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town
of Los Gatos on October 4, 1993. This ordinance takes effect 30 days after it is adopted.
COUNCIL MEMBERS:
AYES: Randy Attaway, Steven Blanton, Linda Lubeck, Patrick O'Laughlin
Mayor Joanne Benjamin
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED
YOR OF THE TOWN LOS GATOS
OS GATOS, CALIFORNIA
...ATTEST:
CLERK OF THE TOWN OFT S GATOS
LOS GATOS, CALIFORNIA