Addendum Memo re Item 3G - Ord 8731

City of Boulder City Council Agenda Item – ADDENDUM Meeting Date: November 6, 2025 Agenda Item Number & Title: Item 3G Introduction, first reading and consideration of a motion to order published by title only Ordinance 8731, amending Chapter 2-8, “Purchasing Procedures,” B.R.C. 1981, updating the city’s purchasing procedures; and setting for related details

Page Numbers: Starting on page 70 through page 78 – replacing Item G packet Proposed Ordinance 8731 with the attached Proposed Ordinance 8731

Description: Revisions to Proposed Ordinance 8731 – 1. Adding a new Section 2-8-13, “Business Opportunity Program – Authorized,” to align with references made in the 1st reading agenda memo regarding the city’s equity and sustainability updates: 2-8-13. - Business Opportunity Program – Authorized. The city manager is authorized to implement business opportunity programming, including factors that may be considered in evaluation and responsibility criteria, designed to reduce disparities in city purchases and awards to small and disadvantaged businesses. and 2. Revising new Section 2-8-14, “Environmental Purchasing and Practices,” Climate’s revisions to align terms and to clarify this section’s intent:

2-8-142. - Recycled and Environmentally Purchasing and Practices Preferable Products. The city manager shall adopt policies and procedures to advance the city’s environmental, climate, and broader sustainability goals ensure that city purchasing and contracting decisions prioritize sustainability….

Attachments: Revised Ordinance 8731

ORDINANCE 8731

1 2

AN ORDINANCE AMENDING CHAPTER 2-8, “PURCHASING PROCEDURES,” B.R.C. 1981, UPDATING THE CITY’S PURCHASING PROCEDURES; AND SETTING FORTH RELATED DETAILS

3 4 5 6 7

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO:

8 9 10 11 12 13 14

Section 1. Chapter 2-8, “Purchasing Procedures,” B.R.C. 1981, is amended to read as follows: 2-8-1. - Legislative Intent. The purpose of this chapter is to prescribe purchasing procedures that the Ccity will follow in contracting for constructing capital improvements, purchasing tangible property, obtaining insurance policies, purchased services and consulting services and selling obsolete, surplus or unusable city property. To the extent inconsistent with state law, the council intends that these procedures supersede provisions of state law governing city purchasing procedures.1

15

2-8-2. - Definitions.

16

The following terms as used in this chapter have the following meanings unless the context clearly indicates otherwise:

17

Alternative delivery method means a project delivery method for a capital improvement project that entails a contractual agreement between the city and a single participating entity for the design, construction, alteration, operation, repair, improvement, demolition, maintenance, or financing, or any combination of these services, for a public project. An example includes design-build, design-build-maintain, design-build-maintain-finance, or other variations in which the city procures both a design and construction in a single contract.

18 19 20 21

...

22 23 24 25 26 27 28

1

§§ 24-91-103 and 38-26-107, C.R.S.

K:\FIAD\o-8731 1st Rdg-1272.docx

1

2-8-3. - When Formal Competitive Bidding or Proposal Is Required.

2

(a) The city manager shall call for formal competitive bids or proposals on any of the following purchase categories: tangible property, capital improvement contracts, purchased services, or consulting services or insurance policies in an amount of $5100,000.00 or more unless:

3 4

(1)

The contract is awarded to a person who has been awarded a contract by a public agency or nonprofit association provided:

5

(A)

the public agency or nonprofit is approved by the city manager;

6

(B)

it was awarded by the public agency or nonprofit association following a competitive public procurement process that conducted within the past five years;

(C)

it is subject to an active contract with the public agency or nonprofit association; and

(D)

the city’s purchase will utilize the same or lower unit and rate prices as those set forth public agency or nonprofit association’s contract.another public agency through a competitive bid process within the last year and the unit prices in the city contract do not exceed the unit prices in the public agency contract;

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

(2) The contract is for goods to be re-sold by the Ccity at retail; or (3) The city manager determines that it is not practical and advantageous to call for a competitive bid or proposal. (b) The city manager shall call for formal competitive bids, proposals, or conduct a public auction for the sale of any item of obsolete, surplus or unusable city property with an estimated value of at least $5,000.00 or for the sale of more than one item of such property with an estimated accumulative value in excess of $25,000.00. The property shall be sold to the highest bidder or proposer, unless the city manager determines that it is not practical and advantageous to do so. The city manager may require such bonds or other surety as the city manager deems prudent to assure prompt payment. The cCity cCouncil shall be promptly notified by the city manager of any determination to donate or otherwise dispose of any item of city property with an estimated value of at least $5,000.00 or to donate or otherwise dispose of more than one item with an estimated accumulative value in excess of $25,000.00, other than through a formal competitive bid, proposal, or a public auction. The cCity cCouncil may call this determination up for review within fourteen days of receiving notice. (c) The city manager may call for competitive bids or proposals for any product or service.

22

2-8-4. - Formal Bid or Proposal Requirements.

23

(a) Each formal bid or proposal submitted to the Ccity shall meet the following conditions:

24

(1) Each bid or proposal is signed, enclosed in a sealed envelope and filed as stated in the advertisement for the bid or proposal, or is otherwise submitted by electronic bid or

25 26 27 28

K:\FIAD\o-8731 1st Rdg-1272.docx

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

proposal method that ensures the bid or proposal is signed and preserved until electronic opening. (2) No bidder or proposer shall submits more than one bid or proposal. (3) For bids on work constructing capital improvements, Eeach bid is must be accompanied by a check or bid bond equal to five percent of the bid, which may be forfeited to the Ccity if a bid is accepted and the bidder fails to sign a contract within fifteen days of acceptance, unless the city manager determines that it is not practical and advantageous to require a bid bond. (b) For bids on work constructing capital improvements, Tthe city manager may require that no bid be withdrawn for up to forty-five days after the date and time set for opening of bids, but a bid may be withdrawn up to the deadline for submission of such bidstwenty-four hours prior to expiration of the deadline for submitting bids. (c) The city manager may waive technical irregularities in the bid or proposal requirements in this chapter or in the advertisement for bids or proposals, if the city manager finds that such waiver does not compromise the integrity of the bidding or proposal process. (d) The city manager may reject any bid or proposal that the city manager determines is unresponsive due to it failing to conform in material respects to the solicitation, such as due to a bidder or proposer providing an incomplete bid, proposal, failing to provide all required information, or failing to complete all material documentation, or otherwise failing to provide details, information, or documentation the city manager deems necessary to fully evaluate the bid or proposal. (e) For all formal bids or proposals, the city may conduct interviews, receive presentations, or otherwise meet with bidders or proposers, including a limited subset of bidders or proposers that the city manager has determined are the most qualified or most likely to be so long as: (1) the solicitation documents unambiguously set forth that such interview, presentation, or meeting is allowed under, or required by, the solicitation; (2) the evaluations of bidders or proposers remain subject to the evaluation criteria set forth in the solicitation; and (3) city staff adheres to safeguards provided by city manager rules or city manager policies designed to ensure equal treatment of those bidders or proposers that participate in interviews, presentations, or meetings. (f) For all formal bids or proposals, the city manager may require references and perform reference checks on bidders or proposers and may incorporate the feedback into city decision-making. 2-8-5. - Formal Bidding or Proposal Procedure. (a) The city manager shall publish a notice of call for bids or proposals at least once in a newspaper of general circulation in the Ccity containing: (1) A description of the project or work to be performed or the product or service to be purchased; K:\FIAD\o-8731 1st Rdg-1272.docx

(2) The location where copies of plans, specifications and other documents may be examined;

1 2

(3) The submission deadline and process for opening of bids or proposals. The time and place where bids and proposals will be received and time and place where bids or proposals will be opened;

3 4

(4) A statement that the Ccity reserves the right to reject any or all bids and to waive any minor informalities or irregularities therein;

5

(5) Time and budget limitations, if applicable; and

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

(6) A statement that the bid or proposal is prepared at the submitter’s expense and becomes city record and therefore a public record. (b) Among other conditions in a call for bids or proposals, the city manager may require standard brands of tangible property, recycled and environmentally preferable products and a multiple-year relationship of up to five years with the selected bidder or proposer. (c) Bids and proposals not submitted by the required deadline are ineligible for consideration and will not be opened, but the city manager may change the deadline at any time. (d) Bids and proposals shall be opened by the chief financial officer or a representative designated by the chief financial officer at the time and place provided in the advertisement for bids. (e) Bidders and proposers may inspect the bids and proposals after they are opened in accordance with provisions of the Colorado Public Open Records Act 66.2 However, if the city manager determines that all bids and proposals should be rejected and a re-bid or reproposed may be necessary, the city manager may hold the bid or proposal in confidence until the re-bid or re-proposal has been completed. (f) The city manager may use a two-tier procurement process that involves selection of eligible, qualified bidders or proposers, followed by a targeted request for proposals or bids to the qualified bidders or proposers. (gf) Confidential data, if identified as such, will be held confidential upon request, if the request is made as part of the bid or proposal and if the city attorney determines that the data meet the requirements of the Colorado Open Public Records Act.3 (hg) The city manager is not required to maintain a bid or proposal list. The only formal notice of a call for bids or proposals is that published in a newspaper of general circulation in the Ccity as prescribed by Subsection (a) of this section. (ih) Nothing in this chapter shall preclude the city manager from issuing a call for bids or proposals in stages for the purpose of prequalifying bidders or proposers for projects, tangible property or services required by the Ccity. The city manager may prequalify

23 24 25 26 27 28

2

§ 24-72-200.1, C.R.S.

3

§ 24-72-203, C.R.S.

K:\FIAD\o-8731 1st Rdg-1272.docx

prospective contractors or vendors and maintain a list for particular types of construction, tangible property or services.

1 2

(j)

3 4 5 6 7 8 9 10 11

The city manager may comply with the newspaper publication requirements in this section by publishing a notice in the newspaper of general circulation identifying the publicly available website(s) where information about city solicitations may be found and then providing the information required by this section through such website.

(k) For all procurements, the city may utilize life cycle costing and/or value analysis in determining the lowest responsible bidder or otherwise comparing the costs of proposals. Bidders and proposers are responsible for ensuring their solicitation bids and responses have costs that are clear and capable of being readily understood and evaluated by city staff as part of the evaluation process. 2-8-6. - Informal Procedure for Bids or Quotes. (a) The city manager may require an informal competitive bidding or quote procedure for any purchase or contract for which a formal competitive bid is not required under this chapter. ...

12

(d) An informal bid must always be supported by written documentationAlthough usually written, informal bids or quotes may be received.

13

...

14

2-8-7. - Selection of Bids for Capital Improvement Contracts and Tangible Project Purchases.

15 16 17 18 19 20 21 22 23 24 25 26 27 28

The following criteria and procedures shall apply to capital improvement contracts and tangible property purchases: ... (b) The city manager shall determine if a bidder satisfies the minimum bid requirements and the responsibility criteria prescribed by Subsection (c) of this section. If the city manager determines that the lowest bidder does not meet the minimum bid requirements and responsibility criteria, the city manager may reject the bid. (c) In determining whether to accept a bid, the city manager shall consider the following responsibility criteria: the bidder’s integrity, financial responsibility, skill, relevant technical expertise, ability to complete the contract promptly and satisfactorily, whether the bidder maintains a permanent place of business, whether the bidder has adequate plant, equipment and support services to perform the contract, whether the bidder has previously performed similar work satisfactorily, whether the bidder is likely to be engaged in work that may impair the ability to finance the work covered by the bid or provide equipment for its proper execution, whether the bidder proposes a reasonable approach to achieve the objectives sought, and whether there have been or are any claims raising a substantial question about the bidder’s ability to perform the contract. K:\FIAD\o-8731 1st Rdg-1272.docx

(1)

1 2 3 4 5

In applying these responsibility criteria, the city manager is authorized to exercise broad discretion to remove bidders whom the city manager determines are not satisfactory for a specific capital improvement project or tangible property purchase

... 2-8-8. - Selection of Bids or Proposals for Consultants, and Purchased Services and Insurance.

7

In determining whether to accept a bid or proposal for consultants’ services, or purchased services or insurance, the city manager shall determine, based on an evaluation of all of the proposals, which bidder or proposer best meets the needs of the city, considering whether each bidder or proposer:

8

...

9

(d) Has a satisfactory record of performance in developing and implementing similar projects or providing similar services in other jurisdictions; and

10

(e) Will perform the project or services at a reasonable cost, compared with the level of effort to be expended.; and

6

11 12 13

(f) Additional criteria or factors may be considered so long as they are stated in, or can be reasonably inferred from, the city’s solicitation documents. 2-8-9. - Contract Requirements.

14

(a) The city manager shall execute all contracts for and on behalf of the city.

15

...

16 17 18 19 20 21

(d) Each contractor shall provide proof of compliance with the tax ordinances administered by the Finance Department as a precondition to the city making the first payment under any contract or contract renewal if the aggregate sums of city payments exceed $100,000.00. (ed) The last payment on a capital improvement contract where the total contract amount is $50,000.00 or more will not be made until at least ten days after a notice of intention to pay is published at least twice in a newspaper of general circulation in the city and after the city has received a release of statements of claim or liens. Claims against the contract payment shall be filed as prescribed by state law.4 (f) No right or interest in any award shall accrue to any bidder or proposer unless or until the bidder or proposer enters into a written and signed agreement with the city.

22

(eg) The contract shall include provisions for retainage of contract sums as prescribed by state law, and may include provisions for retainage in contracts not covered by state law.

23

(fh) The city may, by contract, require the contractor to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such

24 25 26 27 28

4

§ 38-26-107, C.R.S.

K:\FIAD\o-8731 1st Rdg-1272.docx

contract, if such delay is caused, in whole or in part, by acts or omissions of the city or its agents, if the contract provides that an extension of time for completion of the work is the contractor’s remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding.

1 2 3

6

(gi) The city may, by contract, require the contractor to indemnify and hold harmless the city from the city's own precedent, concurrent or subsequent negligence affecting a third party, so long as the injury or damage alleged by such third party also arose from a negligent act or omission of the contractor while working under the contract, or from a breach of the contract by the contractor. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding.

7

...

4 5

8 9

2-8-11. - Procurement of Capital Construction, Tangible Property Purchases, and Related Services that will Utilize Alternative Delivery Methods.

11

(a) Notwithstanding the mandate for capital improvement projects and tangible property purchases in Section 2-8-7, B.R.C. 1981, the city manager may utilize the procurement standards set forth in Section 2-8-8, B.R.C. 1981, for capital improvement projects and tangible property purchases that will utilize alternative delivery methods.

12

(b) Any request for proposal issued under this section shall include:

10

13

(1)

preliminary design requirements, such as any required features, functions, characteristics, qualities, and properties, an anticipated schedule, including start, duration, and completion, an estimated budget; and

(2)

shall solicit proposal development documents, such as those drawings, documents, or other materials the city manager determines are appropriate to include that describe the size and character of the infrastructure, facilities or property, any architectural, structural, mechanical or electrical system, documents or materials, or such other elements as may be appropriate.

14 15 16 17 18 19

(c) In evaluating bids under this section, the city manager shall first apply the responsibility criteria set forth in Subsection 2-8-7(c), B.R.C. 1981. The city manager shall then apply the evaluation criteria set forth in Section 2-8-8, B.R.C. 1981, along with any other criteria or factors stated in, or which can reasonably be inferred from, the solicitation documents.

20 21 22 23 24

2-8-121. - Prohibition of the Purchase of Tangible Property and Services from Persons That Conduct Business in Burma Except in Certain CircumstancesRevenueGenerating Contracts and Partnerships. Repealed. Subject to City Council’s reservations with respect to the sale of obsolete, surplus, or unusable property and other applicable law, nothing in this chapter precludes the city manager from soliciting, seeking out, or receiving unsolicited offers for, or from entering into contracts that are, revenue-generating.

25 26 27 28

K:\FIAD\o-8731 1st Rdg-1272.docx

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17

2-8-13. - Business Opportunity Program – Authorized. The city manager is authorized to implement business opportunity programming, including factors that may be considered in evaluation and responsibility criteria, designed to reduce disparities in city purchases and awards to small and disadvantaged businesses. 2-8-142. - Recycled and Environmentally Purchasing and Practices Preferable Products. The city manager shall adopt policies and procedures to advance the city’s environmental, climate, and broader sustainability goals. These policies and procedures may include but are not limited to: restrictions on certain purchases, requirements for reuse or redistribution of city property, and standards for the selection of contractors and service providers. Such restrictions, requirements, and standards may be used as responsibility or evaluation criteria in any request for proposals or bids.The city manager shall adopt and may amend by rule an affirmative procurement policy for the use by city departments of recycled and environmentally preferable products. 2-8-153. - City Manager May Adopt Rules. The city manager may adopt rules to interpret, further define, implement, and enforce this chapter. Section 2. This Ordinance is necessary to protect the public health, safety, and welfare of the residents of the city and covers matters of local concern. Section 3. The City Council deems it appropriate that this Ordinance be published by title only and orders that copies of this Ordinance be made available in the office of the city clerk for public inspection and acquisition.

18 19 20 21 22 23 24 25 26 27 28

K:\FIAD\o-8731 1st Rdg-1272.docx

INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY

1 2

TITLE ONLY this 6th day of November 2025.

3 ____________________________________ Aaron Brockett, Mayor

4 5 6 7 8

Attest: _______________________________ City Clerk READ ON SECOND READING, PASSED AND ADOPTED this 20th day of November

9 10

2025.

11

___________________________________ Aaron Brockett, Mayor

12 13 14 15 16

Attest: _______________________________ City Clerk

17 18 19 20 21 22 23 24 25 26 27 28

K:\FIAD\o-8731 1st Rdg-1272.docx