The City Council has adopted a resolution electing to make the City subject to the procedures set forth in the Uniform Public Construction Cost Accounting Act, Section 22000, et seq. of the California Public Contract Code (the "Act") and has notified the State Controller of such election. As such, public projects, as defined by the Act and in accordance with the limits listed in Section 22032 of the Public Contract Code, may be let to contract by procedures as set forth in Section 22032, et seq., of the Public Contract Code.
(Ord. 25 § 1, 2009; Ord. 245, 12/11/2024)
When deemed necessary by the Administrative Services Director or designee, notices inviting bids may require that each bid be accompanied by bidder's security.
(Ord. 25 § 1, 2009; Ord. 245, 12/11/2024)
Every party to whom a contract for a public project is awarded involving an expenditure in excess of $5,000.00 shall, before commencing work on any such public project, furnish the City with and file in the office of the City Clerk a bond, or bonds, in form satisfactory to the City, in the sum of 100% of the contract price thereof conditioned upon the faithful performance of the contract and upon the payment of all labor and material furnished in connection with the contract, in lieu of such bond, or bonds, cash or its equivalent, as specified by the City, may be given to the office of the City Clerk for deposit with the Finance Department.
(Ord. 25 § 1, 2009)
All contracts for public projects shall require the contractor to furnish evidence in form satisfactory to the City that the contractor has taken out and has in force liability and worker's compensation insurance in such amounts and form as may be required by the City, in addition to any other insurance required by the City's risk manager.
(Ord. 25 § 1, 2009)
A. 
No contract for a public project shall provide for or authorize or permit the payment of more than 95% of the contract price before the completion of the work done under the contract and acceptance thereof by the City and expiration of the stop notice claim period and resolution of any such claims filed therein.
B. 
Notwithstanding subsection A, the City may require a higher retention amount where the City Council, City Manager or Director of Public Works makes the determination, or approves the engineer's determination, that the project is substantially complex and therefore requires a higher retention amount than five percent. This finding and approval of an increased retention amount should be made during a properly noticed and normally scheduled public hearing prior to the bid for the project and shall be included in the bid documents for the particular project. The finding that a project is substantially complex shall include a description of the specific project and why it is a unique project that is not regularly, customarily, or routinely performed by the agency or licensed contractors.
(Ord. 25 § 1, 2009; Ord. 199 § 1, 2021)
The dollar amount thresholds provided in this section shall automatically adjust upon the effectiveness of any adjustment notification by the State Controller in accordance with California Public Contract Code Section 22020 et seq., without the necessity of amending this section or any division herein to reflect any such adjustment.
A. 
Public projects of $75,000.00 or less may be performed by City employees by force account, by negotiated contract or by purchase order. Per California Public Contract Code Section 22032, no bidding is required. Such contracts may be approved and executed by the City Manager or designee.
B. 
Public projects of $75,000.01 to $220,000.00 may be let to contract by informal bidding procedures as set forth in Section 3.32.040 below.
C. 
Public projects of more than $220,000.00 shall, except as otherwise provided in this section, be let to contract by formal bidding procedure as set forth in Section 3.32.050 below.
(Ord. 245, 12/11/2024)
Projects eligible for informal bidding, pursuant to subsection (b) of Section 22032 of the Public Contract Code, shall be awarded to the lowest responsive and responsible bidder in accordance with the Uniform Construction Cost Accounting Act, California Public Contract Code Section 22034 et seq., as follows:
A. 
Contractors List. The Director of Public Works shall maintain a list of qualified contractors identified according to categories of work. Such list shall comply with the requirements of Public Contract Code Section 22034.
B. 
Notice Inviting Informal Bids. Pursuant to subsection (b) of Section 22032 of the Public Contract Code, A notice inviting informal bids shall be prepared, which shall describe the project in general terms, describe how to obtain more detailed information about the project, and state the time and place for the submission of bids. The notice inviting informal bids shall be circulated using one or both of the following alternatives:
1. 
Notices inviting informal bids may be mailed, faxed, or emailed not less than 10 days before bids are due, to all contractors for the category of work to be bid as shown on the list developed in accordance with this section.
2. 
Notices inviting informal bids may be mailed to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids, provided however:
a. 
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. 
Award of Contracts. The informal bids for public projects shall be awarded by the City Manager or his designee.
(Ord. 245, 12/11/2024)
Public projects to be let pursuant to formal bidding procedures shall be awarded to the lowest responsive and responsible bidder in accordance with, but not limited to, the procedures set forth below.
A. 
Notice Inviting Formal Bids. The following are required:
1. 
Contents of Notice. Notice inviting formal 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 14 calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the City, or otherwise comply with the requirements of California Public Contracts Code Section 22037.
3. 
Electronic Transmission of Notice. 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 as specified in California Public Contract Code Section 22036. The notice shall be sent at least 15 calendar days before the date of opening the bids.
4. 
Per California Labor Code Section 1771.1, the notice must state that a contractor or subcontractor is not qualified to bid on, be last in a bid proposal for, or perform work on a project unless it is registered and qualified under California Labor Code Section 1725.5.
5. 
Instructions to Bidders. The notice inviting formal bids should also identify the contract documents to be considered, the availability of information, any scheduled pre-bid meetings, bid protest procedures, addenda, and any other procedures to be followed for bids to be considered.
6. 
Bid Package. The bid package should include the following:
a. 
The proposal form;
b. 
Submission of sealed bids;
c. 
A public bid opening;
d. 
Award to the lowest, responsive and responsible bidder;
e. 
City reservation in notice inviting bids of the right to reject any or all bids and to waive minor irregularities;
f. 
Award and execution of a written contract;
g. 
Reference to applicable state or federally funded project requirements;
h. 
Performance and payment bonds;
i. 
Listing of subcontractors; and
j. 
Any other materials required by the City in the bid documents.
(Ord. 245, 12/11/2024)