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 seventy-five 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 twenty thousand dollars or less may be let to contract by informal procedures as set forth in this chapter, except as provided in Section 3.32.030(C).
D. 
Public projects of more than two hundred twenty 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 as such section now exists 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; Ord. 2025-04, 4/8/2025)
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 twenty thousand dollars the city council may, by adoption of a resolution by a four-fifths vote, award the contract, at two hundred thirty-five thousand dollars 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; Ord. 2025-04, 4/8/2025)
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)
A. 
If a contract is awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the public agency may accept the one it chooses.
B. 
If no bids are received through the formal or informal procedure, the project may be performed by the employees of the city by force account, or negotiated contract without further complying with this chapter.
C. 
In its discretion, the city council may reject any bids presented, if the agency, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the city or by negotiated agreement, the director of public works furnishes a written notice to an apparent low bidder. The notice shall inform the bidder of the city's intention to reject the bid and shall be mailed and sent by fax or email at least two business days prior to the city council meeting at which the city council intends to reject the bid. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the city council shall have the option of either of the following:
1. 
Abandoning the project or re-advertising for bids in the manner described by this chapter; or
2. 
By passage of a resolution by a four-fifths vote of the city council declaring that the project can be performed more economically by the employees of the public agency or by negotiated agreement, may have the project done by force account or negotiated agreement without further complying with this chapter.
(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)