A. The
provisions of this chapter shall implement the provisions of the Uniform
Public Construction Cost Accounting Act (
Public Contract Code Section
22000 et seq.) which procedures as made applicable to the city by
city council Resolution No. 90-03 pursuant to
Public Contract Code
Section 22030.
B. Public projects of sixty thousand dollars or less may be performed by the employees of the city by force account, by negotiated contract, or by purchase order, subject to the provisions of Chapter
3.30, Local Vendor Preference Program.
C. Public
projects of two hundred thousand dollars or less may be let to contract
by informal procedures as set forth in this chapter.
D. Public
projects of more than two hundred thousand dollars shall, except as
otherwise provided in this article, be let to contract by formal bidding
procedure.
E. "Public
project" as used in this chapter shall have the meaning set
forth in
Public Contract Code Section 22002(c) and (d) as such sections
now exist or may hereafter be amended.
F. All
bidding and all work performed pursuant to the authority of this chapter
shall be subject to and in conformity with the provisions of the Uniform
Public Construction Cost Accounting Act (
Public Contract Code Section
22000 et seq.) as such Act now exist or may hereafter be amended.
(Ord. 90-02 § 1 (3.13.010); Ord. 2000-09 § 2; Ord. 07-06 § 1; Ord.
11-05 § 2; Ord. 11-10 § 1; Ord. 12-04 § 5; Ord. 18-11 § 1)
The director of public works shall maintain a list of qualified
contractors identified according to categories of work. Such list
shall comply with the minimum criteria for development and maintenance
of such list, as determined from time to time by the California Uniform
Construction Cost Accounting Commission ("Commission").
(Ord. 90-02 § 1 (3.13.020); Ord. 18-11 § 1)
A. For those public projects subject to the informal bidding provisions of this chapter, not less than ten calendar days before the bids are due, a notice inviting informal bids shall be mailed, faxed or emailed to: (1) all contractors for the category of work, to be bid, as shown on the list developed in accordance with Section
3.32.020; and (2) to all construction trade journals as specified by the California Uniform Construction Cost Accounting Contract Code.
B. The
notice inviting informal bids shall describe the project in general
terms and how to obtain more detailed information about the project,
and state the time and place for the submission of the informal bids.
Additional contractors and/or construction trade journals may be noticed
at the discretion of the director of public works; provided, however:
1. If
there is no list of qualified contractors maintained by the city for
the particular category of work to be performed, the notice inviting
bids shall be sent only to the construction trade journals specified
by the Commission.
2. 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 informal bids may be sent exclusively to such contractor
or contractors.
C. If all
bids received pursuant to this section are in excess of two hundred
thousand dollars, the city council may, by adoption of a resolution
by a four-fifths vote, award the contract, at two hundred twelve thousand
five hundred or less, to the lowest responsible bidder, if the city
council determines the cost estimate of the director of public works
was reasonable.
(Ord. 90-02 § 1 (3.13.030); Ord. 18-11 § 1)
The city manager is authorized to award bids and enter into
informal construction contracts pursuant to this chapter where the
amount of such contract does not exceed thirty thousand dollars, or
such other amount as the council may designate by resolution; provided
there exists an unencumbered appropriation in the fund account against
which the expense is to be charged. Where the amount of any such contract
exceeds thirty thousand dollars, or such other amount as the council
may designate by resolution, the contract shall be approved by the
city council.
(Ord. 90-02 § 1 (3.13.050); Ord. 96-22 § 6; Ord. 07-06 § 2; Ord.
18-11 § 1)
In cases of emergency when repair or replacements are necessary,
the governing body may proceed at once to replace or repair any public
facility without adopting plans, specifications, strain sheets, or
working details, or giving notice for bids to let contracts. The work
may be done by day labor under the direction of the governing body,
by contractor, or by a combination of the two. In case of an emergency,
if notice for bids to let contracts will not be given, the public
agency shall comply with Chapter 2.5 of the
Public Contract Code (commencing
with Section 22050).
(Ord. 18-11 § 1)
Notice inviting formal bids shall state the time and place for
the receiving and opening of sealed bids and distinctly describe the
project. The notice shall 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 city; or, if there is no
newspaper printed and published within the city, in a newspaper of
general circulation which is circulated within the city, or, if there
is no newspaper which is circulated within the jurisdiction of the
public agency, publication shall be by posting the notice in at least
three places within the city as have been designated by ordinance
or regulation of the city as places for the posting of its notices.
The notice inviting formal bids shall also be sent electronically,
if available, by either facsimile or electronic mail and mailed to
all construction trade journals specified in
Public Contract Code
Section 22036. The notice shall be sent at least fifteen calendar
days before the date of opening the bids. In addition to notice required
by this section, the director of public works may give such other
notice as he or she deems proper.
(Ord. 18-11 § 1)
The city council or the director of public works shall adopt
plans, specifications, and working details for all public projects
exceeding the amount of two hundred thousand dollars or such amount
specified in subdivision (c) of Section 22032 of the Public Contract
Code as it now exists or may hereafter be amended.
(Ord. 18-11 § 1)
A. Any
actual or prospective bidder, proposer, or contractor (collectively
"bidder") who believes he or she has been aggrieved in
connection with the solicitation or award of a contract pursuant to
this chapter may protest, in writing, to the office of the city clerk,
within three business days after posting of the award recommendation
at the location where bids or proposals are submitted. The protest
shall be deemed filed only when it is actually received by the office
of the city clerk.
B. The
bidding documents shall include a statement referencing this section
as the requirement for filing a protest.
C. In the
event a timely protest is filed as provided in this section, the director
of finance may, but is not required to, suspend the award of the contract
until the protest is resolved.
D. The
protest shall be in writing and shall contain the following information:
1. The
name, address and telephone number of the protester;
2. A
specific identification of the statutory or regulatory provision(s)
that the action complained of is alleged to have violated;
3. A specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in subsection
A of this section;
4. A
precise statement of the relevant facts;
5. An
identification of the issue or issues to be resolved;
6. Argument
and authorities in support of the protest; and
7. A
statement that copies of the protest have been mailed or delivered
to the director of finance.
E. If applicable,
the director of finance shall meet and confer with the protestor in
an effort to resolve the issues described in the protest.
F. If the director of finance is unable to resolve the protest, the protest shall be referred to the city manager. The city manager shall have authority to settle and resolve a protest. The city manager may, but is not required to, solicit written responses to the protest from other interested parties. The city manager may establish additional procedures for the resolution of a protest and may refer the matter to a hearing officer. The city manager's decision shall be final and conclusive and shall not be subject to appeal to the city council under Chapter
2.36 of this code.
(Ord. 11-05 § 3; Ord. 18-11 § 1)