Item 49 - Second Reading: Amending City Manager’s Contracting Authority

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Ordinance No. NS-XXX Page 6 of 8 entered into only after compliance with the rules established by the purchasing manager, which shall include the review of such alternative sources of supply or performance as may be available in competition with one another and selection therefrom on the basis of obtaining maximum quality at minimum costs: (a) Purchases of materials, supplies, labor, and equipment whenever it shall appear that there is only one (1) reasonably available source or where solicitation of bids would for any reason be an idle act. (b) Purchases of materials, supplies, labor, and equipment necessary for the preservation of life, health or property, following the declaration of a state of emergency or disaster in the city. A full written account of emerg ency procurements made during the declared emergency or disaster shall be submitted to the city council within thirty (30) days after their procurement. (c) Situations where no bids are received or all bids are rejected and the city council determines, upon the affirmative vote of at least two-thirds (⅔) of its members, that the materials, supplies, labor or equipment can be obtained at a lower cost. (d) Purchases from vendors whose names are on current established lists and have been awarded the same type of purchase contract by a federal agency (including the general services administration), a state agency, county, city or other public agency after a competitive bidding process determined by the purchasing manager to be substantially equivalent to that prescribed by this article. (e) Contracts for services. Section 7. Section 33-203 of Article VIII (Public Works Construction Rules and Regulations) of Chapter 33 (Streets, Sidewalks and Public Works) of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 33-203. Procurement of public works construction. The following procedure shall apply to every contract for which final plans and specifications are available in conformance with procurement rules defined in Article VI I and Article VII.II of Chapter 2 of the Santa Ana Municipal Code : (a) Notice inviting bids. Notice inviting bids shall include a general description of the public works construction, the place to obtain the plans and specifications, and the date, time, and place for opening bids. The notice shall be published in a newspaper of general circulation in the city for at least two (2) days, the first of which shall be at least ten (10) days before the date set for opening bids. The city shall make a good faith effort to send a notice inviting bids to all businesses engaged in providing labor and materials for such construction located within the boundaries of the city. (b) The bid. Included with the plans and specifications for a work of public works construction shall be the following documents: Instructions to bidder, proposal, bond samples and the contract. The bidder shall execute the proposal and contract, and submit them sealed with at least a ten (10) per cent bid bond, cashier's check or certified check.