Procurement for public projects must comply with all applicable provisions of the California Public Contract Code.
(Ord. 808 § 2, 2019)
Public projects not exceeding the amount specified in Public Contract Code Section 22032(a) may be performed by the city's force account, by negotiated contract, or by purchase order.
(Ord. 808 § 2, 2019)
A.
The city adopts the informal bidding procedures as set forth in the Uniform Public Cost Accounting Procedures as stated in Public Contract Code Section 22030 et seq.
B.
Public projects exceeding the amount specified in Public Contract Code Section 22032(a) but not exceeding the amount specified in Public Contract Code Section 22032(b) will be awarded pursuant to the following informal bidding procedures:
1.
Notice to contractors must be provided in accordance with either paragraph (a) or (b), or both.
a.
Qualified Contractor List. The public works director will maintain a list of qualified contractors, identified according to categories of work. The list is to be developed and maintained in accordance with criteria established by the commission. All contractors on the list for the category of work being bid will be mailed, faxed, or emailed a notice inviting informal bids unless the product or service is proprietary. Notices must be mailed not less than ten calendar days before bids are due.
b.
Construction Trade Journals. The notice inviting informal bids must be mailed, faxed, or emailed to all construction trade journals specified by the commission as described in Public Contract Code Section 22036.
c.
In addition to notice required by this section, the city may give such other notice as it deems proper.
2.
Notice inviting bids must describe the project in general terms, explain how to obtain more detailed information on the project, and state the time and place for the submission of bids.
3.
If all bids received are in excess of the amount specified in Public Contract Code Section 22032(b), the city council may, by adoption of a resolution by a four-fifths vote, award the contract, at or below the amount specified in Public Contract Code Section 22034(d), to the lowest responsible bidder, if the city council determines the city's cost estimate was reasonable.
(Ord. 808 § 2, 2019)
Public projects of an amount equal to or greater than that amount specified in Public Contract Code Section 22032(c) will be awarded pursuant to the following formal bidding procedures:
A.
The city council, or alternatively the city manager, must adopt plans, specifications, and working details for all public projects identified in Public Contract Code Section 22032(c).
B.
Any person may examine the plans, specifications, or working details, or all of these, adopted by the city for any project.
C.
The notice inviting bids must state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice must be published at least fourteen calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the jurisdiction of the city. The notice inviting formal bids must also be sent electronically, if available, and mailed to all construction trade journals specified in Public Contract Code Section 22036. The notice must be sent at least fifteen calendar days before the opening of the bids. In addition to notice required by this section, the city may give such other notice as it deems proper.
D.
The notice inviting bids must adequately define the items or services sought in order for the bidder to properly respond.
E.
All bids will be opened publicly at the time and place described in the invitation for bids.
(Ord. 808 § 2, 2019)
A.
The city may, at its discretion, reject all bids presented.
B.
Prior to rejecting all bids, the city must furnish a written notice to the apparent low bidder. The notice must inform the bidder of the city's intention to reject the bid and be mailed at least two business days prior to the hearing at which the city intends to reject the bid.
C.
If all bids are rejected, the cost estimates of the project must be reevaluated.
D.
If all bids are rejected, after reevaluating the cost estimates, the city will have the following options:
1.
Abandon the project;
2.
Readvertise for bids; or
3.
By passage of a resolution by a four-fifths vote of the city council, declare that the project can be performed more economically by the employees of the city, and have the project performed by force account without further complying with this chapter.
(Ord. 808 § 2, 2019)
A.
If a contract is awarded under either the informal or formal bidding procedures, it must be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the city may accept the one it chooses.
B.
If no bids are received, the project may be performed by the employees of the city by force account or by negotiated contract without further complying with this chapter.
(Ord. 808 § 2, 2019)
A.
Application. All public projects performed under contract with the city that exceed one thousand dollars must pay prevailing wages as determined by the Department of Industrial Relations (DIR).
B.
Notification to Bidders. All invitations to bid and public project contracts must contain provisions notifying the contractor of the obligation to pay prevailing wages on the project.
(Ord. 808 § 2, 2019)
A.
Bid Bond. Each formal bid must be accompanied by a bid bond in the amount of ten percent of the total bid price. The successful bidder's bid bond will be released after: (1) the bidder has signed a contract with the city; and (2) the bidder has presented all other bonds required by the contract. The bid bonds of unsuccessful bidders will be returned as soon as the successful bidder has signed a contract with the city and has presented all other bonds required by the contract, or upon the expiration of the bid validity period, whichever comes first.
B.
Performance Bond. Each public project contract awarded pursuant to formal bidding procedures will require a faithful performance bond in the amount of one hundred percent of the contract price. Public project contracts let under informal bidding or through direct contract may require a faithful performance bond, at the discretion of the city manager, or designee. The faithful performance bond will be returned to the contractor after the city files a notice of completion.
C.
Payment Bond. Each public project contract in excess of twenty-five thousand dollars will require a payment bond in the amount of one hundred percent of the contract price. Payment bonds will be held by the city for thirty days following the filing of a notice of completion or for ninety days following completion or cessation of work if a notice of completion has not been filed.
(Ord. 808 § 2, 2019)
The provisions of Public Contract Code Section 22160 et seq., authorizing cities to utilize design-build procurement on designated public projects exceeding one million dollars, are hereby adopted and incorporated by reference as if fully set forth herein. Utilization of design-build procurement must be approved by the city council prior to commencement of the competitive solicitation process for any authorized public project. Prevailing wages must be paid under any contract awarded pursuant to the design-build method of procurement.
(Ord. 808 § 2, 2019)
