State law governs bidding for public construction projects.
Public Contract Code Sections 20160 et seq., generally provide for
the procedure for competitive bids. Pursuant to Public Contract Code
Sections 22000 et seq., the city has adopted the uniform cost accounting
procedure and the alternate procedure for bidding public projects.
Pursuant to those procedures, the following may apply:
(a) Public
projects of sixty thousand dollars or less may be performed by the
employees of the city by force account, negotiated contract or purchase
order.
(b) Public
projects of two hundred thousand dollars or less may be let to contract
by informal procedures as set forth in state law.
(c) Public projects of more than two hundred thousand dollars shall be let to contract using formal bidding procedures as provided in Section
2.36.030 of this code.
(d) The
city council does hereby delegate the authority to award and execute
contracts to the city manager for public projects of sixty thousand
dollars or less.
(Ord. 1537 § 2, 2018; Ord. 1569 § 1, 2021)
The following procedures shall govern informal bidding as described in subsection
(b) of Section
2.38.010 of this chapter:
(a) The
city shall maintain a list of qualified contractors, identified according
to categories of work. Minimum criteria for development and maintenance
of the contractors list shall be determined by the California Uniform
Construction Cost Accounting Commission, hereinafter referred to as
"Commission."
(b) All
contractors on the list for the category of work being bid or all
construction trade journals specified in Section 22036 or both; all
contractors on the list for the category of work being bid and all
construction trade journals specified by the Commission in accordance
with the Public Contract Code Section 22036 shall be mailed a notice
inviting informal bids unless the product or service is proprietary.
(c) If
there is no list of qualified contractors maintained by the city for
the particular category of work to be performed, the notice shall
be sent only to the construction trade journals specified by the Commission.
(d) If
the product or service can be obtained only from a certain contractor,
the notice inviting bids can be sent exclusively to that contractor.
(e) All mailing of notices to contractors and construction trade journals pursuant to subsection
(b) shall be completed not less than ten calendar days before bids are due.
(f) 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 bids.
(g) If
all bids received 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 dollars
or less to the lowest responsible bidder, if it determines the cost
estimate of the public agency was reasonable.
(Ord. 1537 § 2, 2018; Ord. 1569 § 2, 2021)
In cases of emergency when repair or replacements are necessary,
the city council may proceed at once to replace or repair any public
facility without adopting plans, specifications, or working details
or giving notice for bids to let contracts. The work shall be done
by day labor under the direction of the city council, by contractor,
or by a combination of the two.
(Ord. 1537 § 2, 2018)
The noticing for formal bidding shall be in accordance with Public Contract Code Section 22037 and Section
2.36.030 of this code.
(Ord. 1537 § 2, 2018)
The procedure for rejecting bids shall be as described in Public
Contract Code Section 22038.
(Ord. 1537 § 2, 2018)
The city council shall adopt plans, specifications and working details for all projects exceeding the amounts provided in Section
2.38.010(c) and any persons shall have the right to inspect the same. The approval of the contract by the city council shall constitute approval of the plans, specifications and working details incorporated in that contract.
(Ord. 1537 § 2, 2018)