3.60.040 AWARD PROCEDURES.

(a) City Council Award Procedure. The following procedures shall apply:

(1) Notice Inviting Bids. The notice inviting bids shall describe the project to be done or the purchase to be made and shall set a date for the opening of bids. The notice shall be published once in the official newspaper not less than five days prior to the date and time set for opening of bids.

(2) Opening of Bids. All bids shall be sealed, identified as such and submitted to the City Clerk or the department supervising the project on or before the date and time set for opening. Bids received after the specified time shall be returned to the bidder unopened; provided, however, the bids received prior to the opening of the first bids shall be considered to be timely. Bids shall be opened in public at the time specified in the notice.

(3) Award. The City Council may, in its discretion, waive any minor irregularities or informalities in the bids received. The award may be to the lowest responsible bidder or other bidder. In determining to whom the award is to be made, the City Council may consider, in addition to the bid price received, the experience of the bidder for the particular service sought, the quality of work the bidder has done, the quality of the product or materials provided by the bidder, the ability of the bidder to complete the project in a timely manner, the safety compliance record of the bidder, the insurance carried by the bidder, the information provided by the pre-qualification process, and the after sales service and support that is provided, as well as other factors that the City Council determines to be relevant in the particular situation.

(4) Rejection. The City Council may, it in its discretion, reject all bids received, negotiate a contract for the work or supplies if the project is not within budget, do the work through City employees, or terminate the project or purchase. If no bids are received, the City Council may have the project done or purchase made without further compliance with this chapter.

(b) Non-City Council Awards. An open market procedure may be used without the requirement for notice, publication, specifications, or any other requirement set forth for City Council awards.

(c) Professional Services. Notwithstanding the above procedures, agreements with architects, engineers, attorneys, planning consultants, technicians, and other specialized consultants may be awarded through a negotiated process and without meeting the requirements above. This procedure may be used for the purchasing alternatives designated in Section 3.60.

Professional services shall, whenever appropriate, be based on negotiations with at least two professionals.

Agreements for the preparation of environmental impact reports and other documents, studies, and reports that are wholly funded by private persons shall be awarded by the City Manager without the need for further City Council approval, regardless of cost.