The Town Council has elected to become subject to the California Uniform Public Construction Cost Accounting Act (Public Contracts Code Sections 22000 and following) and to provide procedures as established by the California Uniform Construction Cost Accounting Commission.
(Ord. 348-04; Ord. 417-13)
A. 
A public work project of $45,000.00 or less may be performed by Town force account, by negotiated contract, or by purchase order.
B. 
A public work project greater than $45,000.00 and less than or equal to $175,000.00 may be let to contract by informal bid procedures.
C. 
A public work project of more than $175,000.00 shall, except as otherwise provided in this chapter, be let to contract by formal bidding procedure.
D. 
The described project costs limits of subsections A through C shall be increased automatically as authorized pursuant to the adjustments made by the State Controller as recommended by the California Uniform Construction Cost Accounting Commission under Public Contracts Code Section 22020.
(Ord. 348-04; Ord. 412-13; Ord. 417-13)
For those projects qualifying under subsection A of Section 3.32.310, the applicable department head shall obtain a cost estimate from the project engineer or architect prior to issuing a purchase order or negotiating a contract with a responsible contractor. For any Town force account work, the department head shall first comply with the guidelines established by the California Uniform Construction Cost Accounting Commission in determining the cost of the public work. The Town Manager shall have the authority to award and to execute any contract for the public work qualifying under subsection A of Section 3.32.310.
(Ord. 348-04; Ord. 417-13)
For those projects which qualify under subsection B of Section 3.32.310 for informal bidding, the following procedures shall be used:
A. 
Maintenance of Contractor List. In November of each year, the Town Engineer shall mail a written notice to all construction trade journals designated by the California Uniform Construction Cost Accounting Commission inviting all licensed contractors to submit the names of their firms to the Town for inclusion on the list of qualified contractors for the following calendar year according to category. The notice shall require that the contractor provide the name and address to which a notice to contractors or proposal should be mailed, a telephone number at which the contractor may be reached, the type or category of work in which the contractor is interested and currently licensed to do, together with the class of the contractor's license or licenses held and the contractor's license number or numbers. The Town Engineer may create a new contractor's list starting January 1st of each year which shall include, at a minimum, all contractors who submitted one or more valid bids to the Town during the preceding calendar year and all contractors who have properly provided the Town Engineer with the information required to be added to the list. A contractor may be added to the list at any time by providing the required information.
B. 
Notice. The Town Engineer shall prepare a notice inviting bids.
1. 
Contents of Notice. The notice inviting bids shall include a general description of the services and/or articles to be purchased, where bid blanks and specifications may be obtained, the time and place for bid openings, and whether bid deposit or bond and faithful performance bond will be required.
2. 
Mailing of Notice. Unless the product or service is proprietary, all contractors on the Town's list for the category of work being bid shall be mailed a notice inviting informal bids, or an announcement/advertisement shall be placed in all construction trade journals, or both such mailing and advertising. The trade journals shall be those identified by the California Uniform Construction Cost Accounting Commission as appropriate for this area, in accordance with California Public Contracts Code Section 22036.
3. 
10-Day Notice. All mailing of notices to contractors and construction trade journals pursuant to subsection (B)(2) shall be completed not less than 10 calendar days before bids are due.
4. 
Proprietary Products or Services. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting bids may be sent exclusively to such contractor or contractors.
5. 
Other Notice. In addition to notice required by this section, the Town may give other notice as it deems proper.
C. 
Award. The Town Council shall award the contract to the lowest responsive and responsible bidder whose bid or proposal fulfills the purpose intended according to criteria designated in the solicitation. The Council may waive any minor bid irregularities.
D. 
Bids in Excess of Statutory Amount. If all bids received are in excess of $100,000.00, or in the amount as automatically increased pursuant to subsection D of Section 3.32.310, the Town Council may by passage of a resolution by a 4/5 vote award the contract up to $110,000.00, or 110% of the increased amount, to the lowest responsible bidder if it determines the cost estimate of the Town was reasonable.
(Ord. 348-04; Ord. 417-13)
For those projects which qualify under subsection C of Section 3.32.310 for formal bidding, the following procedures shall be used:
A. 
Adoption of Plans. Prior to soliciting bids, the Town Council shall approve and adopt the plans, specifications and working details, and authorize the bid request for all public work projects in excess of $100,000.00 or in the amount as automatically increased pursuant to subsection D of Section 3.32.310.
B. 
Notice. The Town Clerk shall prepare a notice inviting bids.
1. 
Contents of Notice. The notice inviting bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.
2. 
Publication of Notice. The notice shall be published at least once 14 calendar days before the date of opening the bids in a newspaper of general circulation which is circulated within the jurisdiction of the Town.
3. 
Mailing of Notice. The notice inviting formal bids shall also be mailed to all construction trade journals specified by the California Uniform Construction Cost Accounting Commission as appropriate for the area. The notice shall be mailed at least 30 calendar days before the date of opening the bids.
4. 
Other Notice. In addition to notice required by this section, the Town may give other notice as it deems proper.
C. 
Bid Opening Procedure. Sealed bids shall be submitted to the Town Clerk's Office and shall be identified as to bidder, project, and "Bid" on the envelope. Bids shall be opened by the Town Clerk's staff in public at the time and place stated in the notice inviting bids. A written record and tabulation shall be made at that time of all bids received, and shall be open for public inspection during regular business hours for a period of two years after the bid opening. The Town Engineer Director shall make an analysis of the bids for compliance with bid specifications and thereafter make a recommendation for award or rejection.
D. 
Award. Contracts shall be awarded by the Council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended, according to criteria designated in the solicitation. The Council may waive minor bid irregularities.
(Ord. 348-04; Ord. 417-13)
A. 
The Town shall require performance and bid bonds from an acceptable surety in such amounts as it finds reasonably necessary to protect the public interest. The Town shall require payment bonds from an acceptable surety in a sum not less than 100% of the total amount payable by the terms of the contract if the contract involves an expenditure in excess of $25,000.00, or, if less than $25,000.00, in such amount as the Town finds reasonably necessary to protect the public interest.
B. 
Unsuccessful bidders shall be entitled to the return of bid security within 60 days of the date of the award. However, the lowest responsive and responsible bidder shall forfeit all or part of its bid security, as may be determined by the Council, upon the bidder's refusal or failure to execute the contract within 10 days after the date of the award of the contract or such longer period as permitted by the Town. On the refusal or failure of the lowest responsive and responsible bidder to execute the contract, the Council may award the contract to the next lowest responsible bidder.
(Ord. 348-04; Ord. 376-08; Ord. 417-13)
If no bids are received through the formal or informal procedure, the project may be performed by Town employees by force account or by negotiated contract without further complying with this article.
(Ord. 348-04; Ord. 417-13)
If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the Council may accept either bid.
(Ord. 348-04; Ord. 417-13)
In its discretion, the Council may reject any bids presented. If after the first invitation of bids all bids are rejected, the Town shall state the reasons for the rejection and after reevaluating its cost estimates of the project, the Town shall have the option for any of the following:
A. 
Abandoning the project; or
B. 
Readvertising for bids in the manner described in this article;
C. 
By passage of a resolution by a 4/5 vote of the Council declaring that the project can be performed more economically by Town employees, may have the project done by force account without further complying with this article.
(Ord. 348-04; Ord. 417-13)
A. 
In cases of emergency as defined in this article, the Town, pursuant to a 4/5 vote of the Council may proceed at once to replace or repair any public facility, taken any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without adopting plans, specifications, working details, or giving notice for bids to provide contracts. The work may be done by Town employee, day labor, contractors, and/or other public agencies.
B. 
The Town Manager may order any action under this section subject to the provisions of California Public Contract Code Section 22050.
(Ord. 348-04; Ord. 417-13)
Prospective bidders on a public works project may be required to be pre-qualified in accordance with procedures approved by the Council, subject to the provisions of California Public Contract Code Section 20101.
(Ord. 348-04; Ord. 417-13)