Note: Prior history: prior code §§ 2800—2808, 2810, 2811; Ord. Nos. 1127 and 1172.
The procurement system contained in this chapter is adopted in order to establish an efficient, equitable and uniform procedure for the purchase of materials, supplies, equipment, and services at the lowest possible cost commensurate with the quality needed, to exercise financial control over purchases, and to clearly define authority for procurement functions. All city procurement shall comply with applicable provisions of the City Charter, this code and all relevant provisions of law, and shall be only used to acquire materials, supplies, equipment and services for which the city council has appropriated funds. The provisions of this chapter apply to all procurement of any nature including as follows: materials, supplies, equipment, labor, public works projects, and services, including professional services.
(Ord. 1192 § 1, 2013)
A. 
The chief administrative officer or designee shall serve as the purchasing officer for the city. Except as otherwise provided, the purchasing officer shall serve as the principal public purchasing official for the city, and shall be responsible for the purchase of materials, supplies, equipment, and services, in accordance with this code, and for the authority to properly administer and manage contracts, and for the disposal of materials, supplies, and equipment. The purchasing officer shall use his or her best efforts to secure the acquisition of materials, supplies, equipment, and services in the manner that is the most advantageous to the city and to the public. The legal form of specifications, formal and informal purchase contracts, warranties, bid and performance security, and similar matters shall be approved by the city attorney. Consistent with this code, and with the approval of the chief administrative officer, the purchasing officer may adopt operational procedures relating to the execution of his or her duties. The purchasing officer shall also prepare a local recruitment program, compliance with which shall be required as a standard provision in city contracts.
B. 
All purchases are conditioned upon specifications being met. All specifications shall be drafted so as to promote overall economy for the purposes intended and to encourage competition in satisfying the city's needs. This policy applies to all specifications, including those prepared for the city by non-city employees. The purchasing officer or designee may inspect supplies, equipment, materials, and review services to determine if they meet specifications and may require any inspection or test as necessary. Costs of testing will be charged to the department initiating the procurement.
C. 
The purchasing officer is authorized to sell and dispose of city property no longer of use in a manner providing maximum return to the city and in accordance with Section 3.12.140. The subject matter, manner, and timing of such sales shall be subject to the approval of the chief administrative officer. Expenses of sale shall be a proper charge against the income therefrom. The disposition of unclaimed property is subject to Chapter 2.80 of this code.
(Ord. 1192 § 1, 2013)
All documents may be executed by the chief administrative officer whenever such authorization is granted in a resolution, motion, or minute order adopted by the city council. All contracts under $25,000 may be approved and executed by the chief administrative officer and attested by the city clerk and do not require council approval.
Contracts equal to or over $25,000 shall be approved by the city council.
(Ord. 1192 § 1, 2013)
It shall be unlawful for any officer, employee, or agent of the city to order the purchase of materials, supplies or equipment, or to contract for services or contract for the performance of public works projects, as defined in Public Contract Code Sections 1101 and 20161, or otherwise make any contract in violation of this code. Any invoice or requisition for payment not supported by a written contract shall be deemed a false claim. All contracts shall be in a form approved by the city attorney or deputy, except as specified in Section 3.12.080(A)(2). Any order, purchase, or contract made contrary to the provisions of this code is voidable by the city and the city shall not be obligated thereunder unless the city council ratifies the action in response to an allegation that an order, purchase, or contract was made contrary to the provisions of this code.
Conversely, the inadvertent or intentional failure of the city to comply with any requirement of this chapter shall not, in itself, constitute grounds for any order, purchase, or contract executed by the city council, the chief administrative officer, to be voided without action by the city council or contrary to a determination made by the city council.
(Ord. 1192 § 1, 2013)
A. 
Nothing in this code shall prohibit the city from using specialized contracting procedures when authorized by state law. If state law authorizes such procedures, they need not also be specifically authorized by this code, but may be adopted by resolution of the city council. Such specialized procedures may include, without limitation, prequalification of general contractors or subcontractors and design/build contracting procedures.
B. 
Notwithstanding any other provision of this code, for any contract totally or partially funded by the state or federal government, all applicable state and federal laws shall be followed, including, but not limited to, applicable procurement standards and contracting procedures. Contractors must also comply with all standard provisions contained in state and federal contracts establishing the source of state and federal funds for work being performed by the contractor.
(Ord. 1192 § 1, 2013)
Except as otherwise provided in this chapter, all contracts of the city for the purchase of materials, supplies, equipment, or services of an aggregate annual value equal to or exceeding $25,000 shall be awarded after compliance with the sealed bid procedures contained in this section. "Materials, supplies, equipment, and services" include all personal property and services, except professional services, procured by the city.
A. 
Evasion of Provisions of Chapter Prohibited. Orders for materials, supplies, equipment, or services shall not be split into smaller orders or projects, artificially aggregated into larger orders or projects, or willfully mischaracterized or misclassified for purposes of evading the provisions of this chapter.
B. 
Budget Verification. Prior to bid solicitation, the purchasing officer shall confirm the requested purchase is identified in the current fiscal year adopted budget. For items not identified in the current fiscal year adopted budget, the requesting city department shall be required to request a budget transfer to or receive city council approval prior to bid solicitation.
C. 
Invitations to Bid. Invitations to bid shall be issued by the purchasing officer and shall include a general description of the product or service required, the place, date, and time of bid opening, and adequately detailed specifications and contract terms as applicable to the purchase. Invitations to bid shall be disseminated to at least three prospective bidders approved by the purchasing officer and shall be posted at City Hall and other public posting locations, including the city's website, as determined by the purchasing officer. Notices shall include a general description of the articles for which bids are being sought, and the time, date and location for submitting and opening of the bids and identify the bid official who can answer any questions the bidders may have concerning the bid. Any invitation to bid, request for proposal, and other solicitation may be cancelled in whole or in part when there is good cause therefor or when in the judgment of the awarding authority cancellation is in the city's best interests.
D. 
Security. Security requirements shall be set forth in the solicitation. Bid bonds, performance bonds, payment bonds or other security may be required as the purchasing officer and department directors deem prudent to protect the city's interests. When the law permits, there may be allowed, in lieu of bonds or securities, a cash deposit, an irrevocable letter of credit, a negotiable time certificate or time certificate of deposit issued by a savings bank, a savings and loan investment certificate, or other form of security acceptable to the city's finance director and city attorney, provided that the city is the assignee or beneficiary of the security, and the security conforms to provisions required by the city attorney. Bonds or other security shall not be used as substitutes for determination of a bidder's or offeror's responsibility.
E. 
Interpretation of Bid Specification. Oral interpretation of written bid specifications shall not be made to prospective bidders. If the prospective bidder discovers discrepancies or omissions in any specification, or if the bidder is in doubt as to the meaning of any specification, the bidder shall request a written interpretation or modification from the city.
If interpretations or modifications are deemed necessary, the city will then issue a written addendum to all parties known to have received copies of the specifications.
F. 
Bid Submittal and Bid Opening. Sealed bids shall be submitted to the city clerk and shall be opened publicly by the purchasing officer or designee in the presence of one or more witnesses at the time and place designated in the invitation to bid. No bid shall be considered which has not been received at the place, and at or prior to the time, stated in the invitation for bids. No bid shall be considered which is transmitted by electronic facsimile, unless specifically authorized in the bid. The amount of each bid, the name of each bidder, and such other relevant information as the purchasing officer deems relevant shall be announced and recorded. If no bids are received, procurement may proceed without further compliance with competitive bidding requirements. After the opening of a sealed or formal bid/proposal, and after the City has identified the awardee, a "notice of intent to award" will be sent to all actual bidders by mail, email, or fax at the option of the city, and all applicable response periods will begin on the date the notice was sent identifying the awardee and including at least the following text: "Protests must comply with the requirements of Bell Municipal Code Sections 3.12.140 et seq., and be submitted no later than five business days after the date of this notice."
G. 
Bid Acceptance and Bid Evaluation. Bids shall be evaluated on the requirements set forth in the invitation to bid, and no such criterion shall be used unless set forth in the invitation to bid or in this chapter. Evaluation criteria may include criteria to determine acceptability, including, but not limited to, inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose. Criteria that will affect the bid price and be considered in evaluation of a bid shall be objectively measurable if possible, such as discounts, transportation costs, and total or life cycle costs.
H. 
Correction or Withdrawal of Bids. Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted in the sole discretion of the purchasing officer when he or she deems appropriate. Mistakes may be corrected or withdrawn by written notice received prior to bid opening. Not more than three days after bid opening, corrections to a bid may be accepted only when a bidder shows by clear and convincing evidence that a mistake was made which made the bid materially different from what was intended and that the mistake was made in completing bid documents rather than arising from an error in judgment, or carelessness in site inspection or reading plans and specifications. After bid opening, no changes in bid price or other bid component prejudicial to the city's interest or to fair competition shall be permitted.
I. 
Award to Lowest Responsive and Responsible Bidder. Unless bids are rejected as provided in this chapter, all contracts of the city for the purchase of materials, supplies, equipment, and services of a value equal to or exceeding $25,000, except for contracts entered pursuant to requests for proposals and exempted purchases, shall be awarded to the lowest responsible and responsive bidder. "Lowest responsible and responsive bidder" means the bidder who submits the lowest monetary bid that responds to the terms upon which bids were requested, and who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the contract. To the extent permitted by law, criteria for determining whether a bidder is responsible include, without limitation, all of the following:
1. 
The conformity of the supplies, materials, equipment, or services to the required specifications;
2. 
The ability, capacity, and skill of the bidder to provide the supplies, materials, equipment, or services as required;
3. 
The ability of the bidder to provide the required items or services within the time specified;
4. 
The character, integrity, reputation, judgment, experience, efficiency, financial resources, and financial responsibility of the bidder;
5. 
The ability of the bidder to promptly provide future maintenance, repair, parts, and service after purchase;
6. 
The bidder's prior record of performance on other procurements or projects, including timely completion of performance, quality of products and work provided, and completion of projects within the bid amount submitted and project budget;
7. 
The bidder's involvement in prior or current litigation or contract disputes that could impair satisfactory performance of the contract to be awarded; and
8. 
The bidder's history of noncompliance with occupational safety and health requirements, labor statutes and regulations, and other local, state, and federal laws.
The purchasing file shall contain a written summary of the basis on which the award is made. If a bidder is rejected because of an adverse determination of that bidder's capability of performing the contract, a written determination of irresponsibility, setting forth the basis of the finding, shall be prepared by the procurement officer or designee. The unreasonable failure of a bidder promptly to supply information in connection with an inquiry regarding responsibility may be grounds for a determination of irresponsibility. Prompt written notice shall be sent to the bidder of the evidence reflecting upon the bidder's responsibility that has been either received from others or adduced from independent investigation. The bidder shall be afforded an opportunity to rebut such adverse evidence and to present evidence of qualification. After consideration of the evidence and the rebuttal evidence, the procurement officer shall make a final determination of the lowest bidder's responsibility and promptly so notify the bidder in writing. A bidder aggrieved by any such determination may protest as provided in Section 3.12.140 of this chapter.
J. 
Equal Bids. If prices quoted or received in two sealed bids are equal, then the chief administrative officer or the city council may choose whichever of the following options it deems to serve the best interest of the city:
1. 
Select one bid, giving preference to a business located within the City of Bell; or
2. 
Reject all bids and re-solicit for bids; or
3. 
Reject all bids and authorize negotiation of an agreement between the city and one of the equivalent bidders; or
4. 
Select one bid, giving preference to the business which is the most experienced; or
5. 
Select one bid by a method of chance.
K. 
Vendor Preferences. Except for procurements made with federal or state funds, or in cooperation with another public entity, the city's ultimate receipt of sales tax shall be considered in determining the lowest price. The city council may provide incentives, from time to time, for vendors supplying recycled products. Local vendor preferences are further governed by Section 3.12.100.
L. 
Rejection or Waiver of Bid Requirements.
1. 
The awarding authority may reject any and all bids presented and may re-solicit for bids in its discretion.
2. 
The awarding authority may waive any irregularities or informalities in any bid or bidding.
(Ord. 1192 § 1, 2013)
Contractors must submit appropriate documentation prior to the award of contracts in which the city agrees to reimburse costs, confirming that:
A. 
The proposed contractor's accounting system will permit timely development of all necessary cost data in the form required by the specific contract type contemplated; and
B. 
The proposed contractor's accounting system is adequate to allocate costs in accordance with generally accepted accounting principles; and
C. 
The proposed contractor's accounting system is adequate to allocate costs in accordance with all requirements of local, state and federal funding sources for the contract.
(Ord. 1192 § 1, 2013)
A. 
Informal Purchases. Any contract for a purchase of less than $25,000 shall be let in accordance with the procedures established in this section. Contract requirements shall not be artificially divided so as to constitute separate purchases under this section.
1. 
Purchases of $10,000 to $25,000. So far as practical, for any purchase costing of $10,000 or more and less than $25,000, at least three vendors shall be solicited to submit price quotations by use of sealed bidding methods, electronic facsimile, or electronic mail. Award shall be made to the responsive and responsible vendor who offers the lowest acceptable quotation that best meets the needs of the city. The names of vendors submitting quotations, their respective local addresses and principal places of business, and the date and amount of each quotation shall be recorded and maintained as a public record.
2. 
Purchases under $10,000. The purchasing officer shall adopt operational procedures for making small purchases of less than $10,000. The operational procedures shall require the preparation and maintenance of written records adequate to document the procurement, properly account for the funds expended, and facilitate an audit of the small purchase made.
B. 
Sole Source Procurement.
1. 
Sole Source Purchases of $10,000 and More. A contract for a purchase may be awarded without competition when the purchasing officer determines in writing, after conducting a good faith review of available sources, that there is only one source for the required materials, supplies, equipment, or services. The purchasing officer shall conduct appropriate negotiations as to price, delivery, and other terms. A record of sole source procurements shall be maintained as a public record and shall list each vendor's name, local address and principal place of business, the amount and type of each contract, the item(s) procured under each contract, and the identification number of the procurement, if any. Contracts for purchases let pursuant to this subsection shall be awarded and executed in accordance with Section 3.12.060(I) of this chapter.
2. 
Sole Source Purchases Under $10,000. Purchases under $10,000 shall be made in accordance with subsection (A)(2) of this section and do not require justification for sole source procurement.
3. 
Public Works Sole Source Purchases. All public works purchases required to conform to the requirements of Public Contract Code Section 3400 et seq., pertaining to sole source procurement on public works projects, shall conform to said statutory requirements instead of to the requirements of subsections (B)(1) or (B)(2) of this section. In addition, a record of such sole source procurements shall be maintained as a public record and shall list each vendor's name, local address and principal place of business, the amount and type of each contract, the item(s) procured under each contract, and the identification number of the procurement, if any.
C. 
Emergency Purchases. Notwithstanding any other provision of this chapter, the purchasing officer may make or authorize others to make emergency purchases of materials, supplies, equipment, or services when there exists a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. Emergency purchases shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and the selection of the particular contractor shall be included in the contract file. Emergency procurements exceeding $10,000 shall require approval of the chief administrative officer or finance director. In the absence or unavailability of the chief administrative officer or finance director, any department head shall have like authority.
Within five business days after such emergency purchase, a record of each emergency procurement shall be made setting forth the vendor's name, the amount and type of the contract, the terms of the contract, and the identification number of the purchasing file. Expenditures made during a locally declared emergency or in an emergency situation must be reported to the city council at the next regular city council meeting if approval for such expenditures would otherwise have been subject to the approval of the city council.
D. 
Cooperative Purchasing. The purchasing officer may arrange for the city to purchase materials, supplies, equipment, vehicles, or services from a vendor who was awarded a contract by another local, county, state, federal, or other public entity, school district, or the League of California Cities, provided that:
1. 
The entity or organization's agreement with the vendor is the result of competitive bidding or negotiation and is made in compliance with the competitive bid or proposal requirements of the participating entity or organization; and
2. 
The purchase conforms to the city's specifications for the item; and
3. 
The price established by the prior bid or negotiation is not more than one year old for supplies and services; and
4. 
The price established by the prior bid or negotiation is not more than two years for vehicles and equipment; and
5. 
The estimated price of the purchase is lower than that estimated for the purchase if made directly by the city pursuant to this chapter.
Such cooperative purchasing may include, but is not limited to, joint or multi-party contracts between public agencies and public agency contracts negotiated to be available to other public agencies.
E. 
Standardization. When supplies, materials, equipment, or services have been uniformly adopted or otherwise standardized, or when an item is designated to match others in use by the city, the purchase is not subject to this chapter. Justifications for standardization shall be recorded and maintained as a public record.
F. 
Competitive Proposals. When the purchasing officer determines that conditions are inappropriate for the use of competitive bidding or that sealed bidding is infeasible or contrary to the best interests of the city, a contract may be entered by use of the competitive proposal method. The facts supporting such a determination shall be recorded and maintained as a public record.
1. 
Request for Proposals. The purchasing officer shall issue or approve a request for proposals describing the services or product to be procured, the format which proposals shall follow, the elements proposals shall contain, other appropriate requirements, and a statement of the time and place for the receipt and opening of sealed proposals. The request for proposals shall identify all significant evaluation criteria and the procedures to be used for evaluation and selection for negotiation and/or contract award.
2. 
Notice of Solicitation. Notice of a request for proposals shall be published at least 10 calendar days prior to the date of proposal opening on the city website. The notice shall include a general description of the item or service required and the place, date, and time of proposed opening. The purchasing officer or department director may give such other notice as he or she deems appropriate.
3. 
Proposal Opening. Proposals shall be opened publicly by the purchasing officer or designee in the presence of one or more witnesses at the time and place specified in the request for proposals. The name of the offeror and such other information as the purchasing officer deems appropriate shall be announced and recorded. If no proposals are received, procurement may proceed without further compliance with competitive proposal requirements.
4. 
Proposal Evaluation. The city may, at any time, waive or modify any element of the request for proposals and/or any evaluation criterion. If so stated in the request for proposals, selection may be made, without negotiation, solely on the written submittals. If negotiation is elected, the city may negotiate with one or all offerors that the purchasing officer determines have a reasonable chance of selection, based on price and other factors stated in the solicitation.
5. 
Professional and Personal Services Procurement. The procurement of the professional services of any architect, landscape architect, engineer, artist, environmental consultant, land surveyor, construction project manager, accountant, appraiser, financial advisor, attorney, or other provider of professional services involving a high degree of technical or individual skill shall be based on demonstrated competence, the professional qualifications necessary for satisfactory performance of the required services, and a fair and reasonable price, after notice to a number of potential offerors adequate to permit reasonable competition consistent with the nature and requirements of the procurement. Offerors shall provide evidence that the person or firm carrying out contract responsibilities possesses the expertise and experience to perform the requisite professional services. The contract file shall contain a written summary of the basis on which notice to potential offerors was given and on which the award was made. Professional services contracts, except as authorized below, shall be awarded in accordance with Section 3.12.060 of this chapter. Professional service contracts of less than $25,000 may be awarded in accordance with Section 3.12.080(A) of this chapter by purchase order, and without competition, on the written recommendation of the department or division head. Professional services contracts for the preparation of environmental reports or special studies regarding private projects, when the project applicant has deposited the full amount of the contract, may be awarded by the city engineer or the community development director.
G. 
Notice of Award. With respect to contracts awarded under this section, no notice of intent to award shall be required to bidders as provided for contracts awarded pursuant to Section 3.12.060 and the procurement protest procedures under Section 3.12.140 shall not apply.
H. 
Other Purchases. The provisions of this chapter do not apply to purchases of the following items, so long as funds have been properly appropriated therefor:
1. 
Materials, supplies, equipment or services from public or private nonprofit California corporations operating workshops serving the handicapped;
2. 
Books, periodicals, records, tapes, and similar materials used at the public library;
3. 
Software and other intellectual property with a unique or special purpose, as documented in writing by the purchasing officer;
4. 
Items and services acquired with federal or state loan or grant funds when the terms and conditions of the loan or grant conflict with this code;
5. 
Insurance, insurance adjusting, legal, and related services. If a new appropriation therefor is required or an existing appropriation is insufficient, the chief administrative officer or finance director is authorized to bind coverage or otherwise provide for such services until the required appropriation has been approved;
6. 
Vendor servicing agreements where the equipment has been purchased competitively.
(Ord. 1192 § 1, 2013; Ord. 1243 § 2, 2019)
Unless otherwise limited by the city's Charter, this code or applicable state or federal law, the term of a contract shall be as set forth in the contract, and may include extensions as authorized in the contract. The chief administrative officer may approve a multi-year contract for a term not exceeding three years, including any options to renew or extend; provided, the annual value of the multi-year contract as extended does not exceed $15,000. Otherwise, multi-year contracts shall require the approval of the city council.
(Ord. 1192 § 1, 2013)
A. 
In the bidding of, or letting for procurement of, supplies, materials, and equipment, as provided in this chapter, the city council or the purchasing officer may give a preference to a local business in making such purchase or awarding such contract in an amount not to exceed five percent of the local business' total bid price, or $15,000, whichever amount is lower. Total bid price shall include only the base bid price but also adjustments to that base bid price resulting from alternates requested in the solicitation. In order for a local business to be eligible to claim the preference, the business must request the preference in the solicitation response, provide a copy of its current business license, and meet one of the following criteria:
1. 
The difference between bids from the local business and a business outside the city is less than the current sales tax benefit the city would receive from the local sales tax; or
2. 
Any other reason which would reasonably justify selection of a local business based upon criteria which do not illegally discriminate against outside businesses.
B. 
"Local business" means a business that is located within the City of Bell and meets both of the following criteria: (1) The business has a current City of Bell business tax certificate; and (2) the local sales tax generated by the business is allocated to the City of Bell.
(Ord. 1192 § 1, 2013)
No employee, member of the city council, nor any appointed member of a city commission, board or committee, shall be financially interested, directly or indirectly, in any purchase order or contract for furnishing equipment, goods, supplies or services within the purview of this code. Any purchase order or contract affecting the financial interest of a former city employee, former member of the city council, or any former appointed member of a city commission, board or committee, shall be awarded solely by the city council at a public meeting and may not be awarded during a period which is five years after the end of that person's term of service to the city.
(Ord. 1192 § 1, 2013)
When competitive bidding is impossible, impractical, undesirable, or unlikely to produce an advantage or other useful result, the city may waive the competitive bidding requirements in this chapter and may authorize a negotiated contract. Waiver shall be authorized by the city council or the appropriate awarding authority specified in Section 3.12.030 after their review of written justification for the waiver provided by the director of the department initiating the procurement.
(Ord. 1192 § 1, 2013)
A. 
Compliance With Public Contract Code. Contracts for public works projects, as defined in Public Contract Code Sections 1101 and 20161, shall be let in compliance with the California Public Contract Code, including, without limitation, Public Contract Code Section 20160 et seq.
B. 
Change Orders.
1. 
Any alteration to, amendment of, or deviation from an awarded contract as to scope, cost, time for completion, material, or equipment furnished as a part of the contract, or any alteration to, amendment of, or deviation from the nature of work to be performed, shall require the completion and issuance of a change order or execution of a contract amendment.
Additions to work cannot be combined with deletions to work to avoid the change order requirement.
2. 
The change order is approved by the awarding authority (the entity originally approving the contract) within their original approving authority or that contained within the contract itself, such that the original contract and change order do not exceed the officer's aggregate purchasing authority, or authority under the contract. All other change orders shall be approved by the city council or the person, if any, designated in a contract approved by the city council. No change order shall be binding on the city until approved as provided in this code.
3. 
Change orders shall not be issued unless:
a. 
The change order arises in good faith out of an unknown condition or unforeseen circumstance differing materially from the conditions of the contract; or the change order arises due to an error, as determined by the city, in the city's specifications that accompanied the bid solicitation; or the city desires to make a material substitution or addition to the project based on new information obtained during the construction phase of the project; and
b. 
The change order does not change the purpose of the contract and is reasonably related to the scope of work authorized under the original contract; and
c. 
The change order is in writing; and
d. 
The change order is signed by the contractor and all the designated representatives of city (contract officer, project manager, architect (if any), or other representatives).
C. 
Design-Build Contracts for Capital Improvements.
1. 
Purpose and Intent. The purpose of this section is to provide definitions and guidelines for the award, use and evaluation of design-build contracts.
2. 
Definitions. All defined terms in this section appear in italics. For the purposes of this section, the following definitions apply:
"Design-build"
means a public works contract procurement method in which both the design and construction of a project are procured from a single entity. Design-build also includes projects where in addition to design and construction, other functions may be added including, but not limited to, construction management, inspection, soils/materials testing financing, operating and/or maintenance.
"Design-build entity"
means a partnership, corporation, or other legal entity that is able to provide appropriately licensed contracting, architectural and engineering services as needed.
"Design-build entity"
member includes any person who provides licensed contracting, architectural, or engineering services on behalf of the design-build entity.
3. 
Design-Build Procurement—Request for Proposals, Bid Invitation and Performance Specifications. For purposes of this subsection C only, prior to procuring a design-build public works contract, the city shall prepare a request for a proposal setting forth the scope of the project that may include, but is not limited to, size, type and desired design character of the project and site, and performance specifications. The performance specifications shall describe the quality of construction materials, assemblies and other information deemed necessary to adequately describe the city's needs. The performance specifications shall be prepared by a design professional designated by the city.
4. 
Notice Inviting Bids. The notice inviting bids shall set a date for the opening of bids and distinctly state the nature and scope of the project to be constructed. At least 10 days before the date of opening the bids, the notice inviting bids shall be posted on the city's website and in at least one public place in the city that has been designated for the posting of public notices.
5. 
Selection Committee. The city manager shall appoint a selection committee to review and to rank the proposals of the design-build entities. The selection committee shall use the evaluation criteria set forth in subsection (C)(6) and in the request for proposal. The selection committee shall be comprised of one representative from each of the following departments: city engineer's office, finance department, community development department, and the department that is responsible for the project. In addition, the city council may nominate and by majority vote, may appoint a member of city council to serve on the selection committee for the term specified by the council.
6. 
Selection Method. A design-build competition based on performance, specifications and criteria set forth by the city in the request for proposals.
a. 
Criteria used may include, but not be limited to:
i. 
An evaluation of overall quality, capability, resource availability and financial stability of the firm.
ii. 
An evaluation of references provided with respect to responsiveness, quality of work, timeliness and overall performance.
iii. 
An evaluation of the firm and/or project manager's ability and experience in providing the service offered, including: experience with local government, scope of services covered, length of time involved, level of client satisfaction, cost/benefits relationship and relative success.
iv. 
An evaluation of the experience, training and qualifications of the personnel the firm will be committing for assignments on the proposed project.
v. 
Consideration of items such as proposed design approach, initial and/or life-cycle costs, project features, financing, quality, capacity, schedule, and operational and functional performance of the facility. However, any criteria and methods used to evaluate proposals shall be limited to those contained in the request for design-build proposals.
vi. 
The extent to which the firm's proposal meets the technical criteria and methodology requested.
vii. 
Analysis of the cost relative to the firm's ability to meet the specifications and criteria set forth in this subsection (C)(6)(a) and in the request for proposal.
viii. 
Whether the cost as provided in the bid is guaranteed firm, evidenced in writing and signature by an authorized representative of the firm.
b. 
Any architectural firms, engineering firms, specialty consultants or individuals retained by the city to assist in the development of criteria or preparation of the request for proposals shall not be eligible to participate in the competition with any design-build entity.
c. 
Depending on the number of proposals received by the city, the selection committee may develop a "short-list" of the top ranked design-build proposals.
d. 
Depending on the number of proposals and/or complexity of the project, the selection committee may require the "short-listed" design-build entities to complete an interview/presentation to the selection committee to establish a final ranking.
e. 
The selection committee will then begin negotiations with the top ranked design-build entity. The negotiations may include, but are not limited to, project cost, scope, and schedule. If negotiations are not successful, negotiations will cease with the top ranked design-build entity, and negotiations may begin with the second ranked design-build entity.
f. 
Award shall be made to the design-build entity whose proposal is judged as one that best serves the interests of the city by meeting the criteria set forth in this subsection (C)(6)(a) and in meeting the requirements established in the request for proposal.
7. 
Right to Reject Any and All Bids. Nothing in this subsection C shall require the city to accept any bid and the city hereby reserves the right to reject any and all bids. Further, nothing in this subsection C shall require the city to award any design-build contract to the lowest responsible bidder.
8. 
Subcontractor Listing. The city recognizes that the design-build entity is charged with performing both design and construction. Because a design-build contract may be awarded prior to the completion of the design, it is often impractical for the design-build entity to list all subcontractors at the time of the award.
a. 
It is the intent of the city to establish a clear process for the selection and award of subcontracts entered into pursuant to this section in a manner that affords protection for subcontractors while enabling design-build projects to be administered in an efficient fashion.
b. 
All of the following requirements shall apply to subcontractors, licensed by the state, that are employed on design-build projects undertaken pursuant to this section.
i. 
The design-build entity in each design-build proposal shall specify the construction trades or types of subcontractors that may be named as members of the design-build entity at the time of the award. In selecting the trades that may be identified as members of the design-build entity, the design-build entity shall identify the trades deemed essential in the consideration of the project.
ii. 
Subcontracts not listed at time of award shall be performed or awarded by the design-build entity in accordance with a bidding process set forth in the respective request for proposals or bid invitation. The design-build entity shall furnish to the city documentation to verify that all subcontracts not listed at the time of award were subsequently awarded in accordance with the respective request for proposal or bid invitation. All subcontractors that are listed at the time of award, or subsequently in accordance with the respective request for proposal or bid invitation shall be afforded the protection of Section 4107 of the California Public Contract Code.
(Ord. 1192 § 1, 2013; Ord. 1200 § 1, 2014)
Procurements for public works projects, materials, supplies, goods and services shall be protested in accordance with this section. Protests not complying with the provisions of this section shall not be reviewed.
A. 
Definitions. For the purposes of this section:
"Bid"
includes "offer" and "proposal" in the context of formal, informal, or negotiated procurements.
"Days"
mean business days unless otherwise indicated.
"Filing date" or "submission date"
means the final date for receipt by the city clerk or the purchasing officer of the City of Bell.
"Interested party"
means an actual bidder or offeror.
"Procurement staff'
means the finance director, designated purchasing officer, city engineer, community development director or other department director initiating the procurement being requested, or the designees of any of these persons.
"Reviewing officer"
means the chief administrative officer or designee.
"Mail"
means any delivery service such as US mail, UPS or FEDEX.
B. 
Grounds for Protest. Any interested party may file a written protest on any of the following grounds:
1. 
The existence of a substantial defect, error or omission in the solicitation documents issued by the city;
2. 
Failure of the city to follow the procedures of this chapter;
3. 
Failure of the city to apply correctly the standards of review, evaluation, or scoring of a bid or proposal as specified in the solicitation documents therefor;
4. 
Award of the contract by the city to a bidder other than on the basis stated in the solicitation documents; or
5. 
Such other grounds as would state a cause of action at law or in equity.
C. 
Disallowed Protest Grounds. Protests based on the following grounds shall not be considered:
1. 
An evaluator's professional judgment on the quality of a response; or
2. 
The proposer's assessment of the agency's needs or requirements; or
3. 
Any grounds other than those listed in subsection B of this section.
D. 
Protest Filing and Delivery. Pursuant to Section 3.12.060(F), a notice of intent to award shall be issued prior to the award of contracts awarded in accordance with Section 3.12.060. Protests made in accordance with said section shall be processed in accordance herewith. Protestors shall bear all costs of the protest other than salary and personnel costs of city employees. Protests shall be in writing and hand delivered or sent by certified U.S. mail, return receipt requested.
1. 
To the purchasing officer (for protests of purchases of materials, supplies, equipment, and services); or
2. 
To the city clerk (for protests related to public works projects).
E. 
Protest/Appeal Contents. Protest documents shall:
1. 
Include the name, address, business telephone, email, and fax number of the protestor;
2. 
Identify the procurement or project under protest by name, solicitation number, and submission date;
3. 
Contain a concise statement of the grounds for protest and the facts supporting such grounds, including all supporting documentation (documentation submitted after filing will not be reviewed); and
4. 
State the form of relief requested.
F. 
Pre-Opening Protest Period—Solicitation Documents. Interested parties wishing to protest city solicitation documents must do so before the final date to accept bids and within five business days after the date the solicitation documents are issued or amended.
G. 
Post-Opening Protest Period. In cases of protests involving aspects of city procurement other than solicitation documents, interested parties shall make such protest within five business days after the notice of intent to award is mailed or otherwise transmitted.
H. 
Protest Process.
1. 
Upon receipt of a timely protest, procurement staff shall review all the submitted materials and create and retain a written record of their review. Not later than 10 days after receipt of the protest, procurement staff shall respond in writing to the protest and to each material issue raised in the protest.
2. 
In the event of a timely protest, procurement staff shall not proceed with the solicitation or award of the contract until all administrative remedies have been exhausted unless the chief administrative officer determines that the award of a contract without delay is necessary to protect substantial interests of the city.
3. 
Procurement staff may elect, but are not obligated, to attempt to resolve the protest with the affected parties. "Resolution" means the formal withdrawal of a protest by the protestor, or written acknowledgement of protest resolution signed by the city and the protestor.
4. 
If procurement staff attempts resolution, protestors shall be notified in writing of the date on which their matters shall be considered and shall be afforded an opportunity to present evidence for consideration to the city and such technical or other staff as the city deems necessary.
5. 
Procurement staff shall make a formal decision ("protest determination") to deny or uphold the protest and shall notify the protestor of that decision by mail, email or fax. The decision notification shall include a statement that the protestor has the right to appeal the protest determination to the city council within three business days of the decision notification.
6. 
The award of contract shall be deferred until completion of the protest procedure provided that if award of the contract is by the city council, the protest determination may be made by the city council concurrent with the decision to award the contract. The protestor shall be given at least five days written notice of the date of the city council meeting to consider the award and the right to appear and be heard, but no further appeal rights.
(Ord. 1192 § 1, 2013)
A. 
All city departments shall submit to the purchasing officer, at such times and in such form as the purchasing officer shall prescribe, reports showing all supplies and equipment which are no longer needed or which have become obsolete or worn out (herein as "surplus property").
B. 
The purchasing officer shall have the authority to dispose of surplus property by competitive bidding or public auction. Surplus property shall be sold to the highest bidder responding to a request for sealed bids or at a public auction.
C. 
If the purchasing officer elects to dispose of surplus property by competitive bidding, the following procedures shall be used:
1. 
Surplus property shall be sold to the highest bidder submitting a sealed bid in response to a notice of sale by sealed bid.
2. 
The purchasing officer shall cause to be published at least three days before the sale, in a locally adjudicated newspaper, a notice setting forth a general description of the surplus property to be sold; and the date, time and location for submittal of sealed bids, which date shall not be less than five calendar days following the last date of publication of the notice; the location where the property may be inspected; any special terms or conditions of sale; and the place, date and time when the bids will be opened and tabulated.
3. 
The purchasing officer shall accept the highest bid or may reject all bids, and at a later date hold another public sale by competitive bidding.
D. 
If the purchasing officer elects to dispose of surplus property by auction, the following procedures shall be used:
1. 
Surplus property shall be sold to the highest bidder at a public auction conducted by a licensed auctioneer or through participation in a cooperative auction of government agencies.
2. 
The purchasing officer shall cause to be published at least three days before the sale, in a locally adjudicated newspaper, a notice setting forth a general description of the surplus personal property to be sold, and the date, time and location of the auction. If the auction is part of a cooperative auction, the notice given by or on behalf of the agency coordinating the auction will satisfy the requirements of this subdivision and no additional notice is required.
3. 
The surplus property shall be sold to the highest bidder, provided the bid exceeds the minimum bid price, if any.
4. 
All surplus property shall be sold "as-is" without warranty express or implied.
5. 
The purchasing officer may contract with a professional auctioneer and allow a flat fee, hourly fee or percentage of the amount of the sale to be paid based upon that which is common and customary method and rate for such auctioneering services.
E. 
The purchasing officer, when in his or her judgment the competitive bid or auction of surplus property is infeasible or will result in minimal return to the city, may recommend to the city council that such surplus property be donated to any other governmental organization, nonprofit group or corporation exempt from federal taxes pursuant to Internal Revenue Code Section 501(c)(3) located within or serving the City of Bell. Surplus property shall only be donated upon approval of the city council.
F. 
If no bids are received in response to a notice of sale by sealed bid or at auction, the purchasing officer may dispose of the surplus property pursuant to Section 3.12.150 of this chapter.
G. 
The purchasing officer shall keep a written record of surplus property sold or donated pursuant to this chapter. If the property was sold, the record shall include the price or other consideration paid and the identity of the purchaser. If the property was donated, the record shall include the identity of the donee.
H. 
Unless otherwise provided, all proceeds from sale or auction of surplus property will be deposited into the city's general fund. Proceeds from sale of enterprise, federal, grantor other special designation property will be reimbursed, less prorated selling expenses to the appropriate fund, after completion of each sale.
(Ord. 1192 § 1, 2013)
To the extent there are federal requirements in the selection, award, or administration of a purchase or a contract supported by an award of federal funds to the city, the purchasing officer and all city departments shall comply with the city's adopted general procurement standards for federal award programs policy or any other specific requirements associated with the award of federal funds.
(Ord. 1237 § 2, 2018)