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.
"Prevailing Wage Law"
means Labor Code § 1720, et seq., and California Code of Regulations, Title 8, § 16000, et seq., as amended.
(Ord. 2089 § 2, 2012; Ord. 2183 § 2, 2020; Ord. 2266, 7/16/2025; Ord. 2267, 8/6/2025)
(a) 
The city manager may solicit bids, award contracts up to $100,000, and execute contracts, in a form approved by the city attorney, for public projects, including, without limitation, urgency abatement projects, without approval from the city council. Contracts for public projects costing more than $100,000 may be solicited by the city manager but must be awarded by the city council.
(b) 
Should the expenditure be less than or equal to $100,000, the work (including maintenance) may be performed by the employees of the city, by force account, by informal bids from qualified contractors, or by negotiated contract.
(c) 
Regardless of the expenditure amount, the city manager is authorized to solicit bids for projects identified in the capital improvement plan approved by the city council and included in the current operating budget without additional city council authorization. The city manager is required to bring all recommendations for award exceeding $100,000 to the city council.
(d) 
Beginning in January 2026, the sums set forth above will adjusted automatically in accordance with the Engineering Construction Cost Index - U.S. City Average as published by the Engineering News-Record. In the event this Cost Index is no longer available, the City Manager, or designee, must use a similar index that is standard in the industry to account for inflation in any adjustment.
(Ord. 2089 § 2, 2012; Ord. 2183 § 2, 2020; Ord. 2266, 7/16/2025; Ord. 2267, 8/6/2025)
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.
(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;
(2) 
Mail notices to each of the construction trade journals specified in Public Contract Code Section 22036.
(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)
(a) 
Pursuant to Government Code § 830.6, the city engineer is authorized to approve standard design and construction plans for construction or maintenance projects before work commences.
(b) 
The city engineer may also exercise discretionary approval for plans or designs for each project identified in the capital improvement plan approved by the city council in advance of the construction or improvement. Such approval must conform with the following:
(1) 
The city engineer must determine that design and plans for the capital improvement projects are consistent with the city's standards, guidelines, practices, or otherwise comply with applicable law and engineering standards, guidelines, or practices;
(2) 
Approval must be in writing and be stamped by the city engineer while exercising his or her discretion in accordance with California law; and
(3) 
The design approval must occur before a solicitation of bids is issued in accordance with this code and before actual construction work construction commences.
(c) 
The city engineer is authorized to act on the city's behalf in approving any alterations or modifications of approved design and plans.
(d) 
The approval and authorization granted in this section is intended to avail the city of the immunities set forth in Government Code § 830.6.
(Ord. 2266, 7/16/2025; Ord. 2267, 8/6/2025)
Where abatement of public nuisances constitutes rehabilitation, demolition or repair, or removal of real property including, without limitation, structures or landscaping, or other work as authorized by an abatement warrant, the city manager is authorized to directly negotiate with a qualified contractor to expeditiously abate the nuisance. Such projects are not public works projects and, accordingly, prevailing wage need not be paid. All abatement costs will be recovered in accordance with this code.
(Ord. 2266, 7/16/2025; Ord. 2267, 8/6/2025)