This chapter is adopted pursuant to
Public Contract Code Section
22034, and any succeeding or related statutes, for the purpose of
implementing the informal bid procedures set forth in the Uniform
Public Construction Cost Accounting Act (
Public Contract Code Section
22000, et seq.).
(Ord. 2089 § 2, 2012; Ord. 2183 § 2, 2020)
This chapter may be used for public projects with a value equal
to or less than the amounts set forth in
Public Contract Code Section
22032, and will be increased automatically as authorized in any successor
statute or regulation, or, when applicable, as established pursuant
to
Public Contract Code Section 22020.
(Ord. 2089 § 2, 2012; Ord. 2183 § 2, 2020)
Unless the contrary is stated or clearly appears from the context,
the definitions in
Public Contract Code Section 22002 and set forth
below will govern the construction of the words and phrases used in
this chapter:
"City manager"
means the city manager or designee. Unless otherwise designated
by the city manager in writing, the public works director will constitute
the city manager's designee for purposes of this chapter.
(Ord. 2089 § 2, 2012; Ord. 2183 § 2, 2020)
The city manager may solicit bids, award contracts up to sixty
thousand dollars, and execute contracts for public projects. Contracts
for public projects costing sixty thousand dollars or more may be
subject to informal bidding procedures and must be awarded by the
city council. Contracts for public projects costing two hundred thousand
dollars or more require formal bidding pursuant to the Public Contract
Code.
(Ord. 2089 § 2, 2012; Ord. 2183 § 2, 2020)
The public works department will maintain a list of qualified
contractors, identified according to categories of work. Any licensed
contractor requesting to have its name placed on this list must be
included. The list may be periodically revised to remove inactive
names. A name may be deemed inactive if:
(a) Letters addressed to the contractor at its last known address are
returned without a forwarding address;
(b) The contractor does not obtain plans for, or bid on, a public project
for two years;
(c) The contractor's license is revoked or suspended by the California
State Licensing Board;
(d) The contractor removes its name; or
(e) For other good cause as determined by the city manager.
Before removing a qualified contractor from the city's bid list,
the city manager must make a good faith attempt to notify the contractor
regarding the removal.
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(Ord. 2089 § 2, 2012; Ord. 2183 § 2, 2020)
(a) The notice inviting bids must describe the project in general terms,
indicate how to obtain more detailed information regarding the project,
and state the time and place for submitting bids.
(b) Unless the product or service is proprietary, not less than ten calendar
days before the date set for opening bids, the city manager must notify
contractors using one or both of the following methods:
(1) Mail notices to each contractor on the list for the category of work
to be performed;
(Ord. 2089 § 2, 2012; Ord. 2183 § 2, 2020)
(a) Bid security is required for all bids on public projects when the
public works director estimates that the price will exceed sixty thousand
dollars. Bid security may be a bond issued by a licensed and duly
qualified corporate surety, or the equivalent in cash, money order,
cashier's check, certified check, unconditional letter of credit,
or other form approved by the city attorney. Nothing in this section
prevents the city from requiring bid security on public projects less
than sixty thousand dollars when the city manager believes such security
is needed to protect the city's interests.
(b) Bid security must equal at least ten percent of the bid amount.
(c) If the notice inviting bids requires a bid security, noncompliance
or defective, inadequate, or incomplete security will render the bid
nonresponsive.
(d) Bid security will be forfeited or paid to the city should the bidder
fail to execute a contract within the time specified in the notice
inviting bids.
(Ord. 2089 § 2, 2012; Ord. 2183 § 2, 2020)
The city clerk, or designee, will publicly open all bids in
the presence of one or more witnesses at the time and place specified
in the invitation for bids. Late, misplaced, or unsealed bids cannot
be considered. If no bids are received, the city may proceed as set
forth in
Public Contract Code Section 22038.
(Ord. 2089 § 2, 2012; Ord. 2183 § 2, 2020)
(a) The contract may be awarded to the lowest responsible bidder if the
city manager or city council considers the bid to be reasonable, sufficient
funds are appropriated for the public project, and the bid is within
the limits specified by
Public Contract Code Section 22032 or, if
applicable,
Public Contract Code Section 22020.
(b) Should all qualified bids exceed the limits in
Public Contract Code
Section 22032, the city council may, by adopting a resolution upon
four-fifths vote, award the contract, provided the award is expressly
authorized by
Public Contract Code Section 22034(d).
(c) Nothing in this section restricts the city from taking any action
set forth in
Public Contract Code Section 22038.
(Ord. 2089 § 2, 2012; Ord. 2183 § 2, 2020)
Contractors awarded a contract under this chapter are required
to provide sureties and insurance in forms approved by the city attorney
and conforming with the contract documents.
(Ord. 2089 § 2, 2012; Ord. 2183 § 2, 2020)