The city shall follow the contracting procedures set forth in Article 3 of the Uniform Public Construction Cost Accounting Act as set forth in California Public Contract Code Section 22030 et seq., referred to as the "Act" for the purposes of this article. The city shall procure public projects by force account, negotiated contract, purchase order, informal bidding or formal bidding as required in accordance with the applicable dollar amount limitations under Section 22032 of the Act, as it may be amended from time to time. The City Manager shall be authorized to establish and implement administrative regulations, policies, and procedures consistent with the Act and this chapter. At the appropriate time each year, the Administrative Services Director or their designee shall prepare a notice of the contract amounts for the informal bidding and formal bidding requirements set forth in LMC § 2.68.530 and § 2.68.540, and the contract approval and rejection authorities set forth in LMC § 2.68.570 and § 2.68.580.
(Ord. 2159 § 3 (Exh. A), 2024)
It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding.
(Ord. 2159 § 3 (Exh. A), 2024)
A list of contractors shall be developed and maintained in accordance with the provisions of the Act and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission, referred to as "the Commission" for the purposes of this article.
(Ord. 2159 § 3 (Exh. A), 2024)
A. 
Where a public project to be performed is subject to the informal bidding provisions of the Act and this chapter, a notice inviting informal bids shall be delivered by mail, fax, or electronic mail to all contractors for the category of work to be bid, as shown on the list developed in accordance with LMC § 2.68.520 and/or may be delivered to all construction trade journals as specified by the Commission in accordance with the Act. Delivery of notices to contractors pursuant to this section shall be completed not less than 10 calendar days before bids are due. Additional contractors and/or construction trade journals may be notified at the discretion of the city; 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 to only the construction trade journals specified by the Commission.
2. 
If the product or service is 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.
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 bids.
(Ord. 2159 § 3 (Exh. A), 2024)
When a public project to be performed requires formal bidding, notice of such project shall be given as follows unless an exception to competitive bidding applies:
A. 
The notice shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.
B. 
The notice shall be published at least 14 calendar days before the date of opening of 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 jurisdiction of 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 city, publication shall be by posting the notice in at least three places within the jurisdiction of the city as have been designated by ordinance or regulation of the city for the posting of its notices.
C. 
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 by the Commission. The notice shall be sent at least 15 calendar days before the date of opening the bids.
(Ord. 2159 § 3 (Exh. A), 2024)
Bidding required by LMC § 2.68.540 may be dispensed with:
A. 
In an emergency as defined by LMC § 2.68.130 pursuant to the procedures contained in the California Public Contract Code;
B. 
Design-build contracts, provided they are consistent with the requirement of the California Public Contract Code; or
C. 
If there is no competitive advantage to be gained by inviting bids (for example, where it is determined that the supplies and equipment are unique or available only from one source, and where the low bid benefits are otherwise satisfied by the Act), so that the bidding requirement required by this section would be meaningless. The basis upon which this determination is made shall be made by the City Council upon recommendation by the City Engineer.
(Ord. 2159 § 3 (Exh. A), 2024)
Contracts for maintenance, as defined by California Public Contract Code Section 22002 and LMC § 2.68.130(J)(1), and for any other work which does not fall within that section's definition of public projects, may be bid pursuant to the informal bidding procedures in LMC § 2.68.530 and the formal bidding procedures in LMC § 2.68.540.
(Ord. 2159 § 3 (Exh. A), 2024)
A. 
The City Manager is authorized to award public works contracts in accordance with the monetary limits for negotiated contracts or purchase orders as set forth in the Act, as now existing or hereafter amended.
B. 
The City Manager is authorized to award public works contracts in accordance with monetary limits for informal procedures as set forth in the Act, as now existing or hereafter amended, and this chapter to the lowest, responsive, and responsible bidder. If all bids are received in excess of the City Manager's monetary authority, the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, subject to monetary limits set forth in the Act for informal bidding, as now existing or hereafter amended, if the City Council determines the cost estimate of the public agency was reasonable.
C. 
Contracts subject to formal bidding under the Act shall be awarded, if at all, by the City Council to the lowest responsive and responsible bidder.
(Ord. 2159 § 3 (Exh. A), 2024)
The City Manager or the City Council, as the case may be, may in their discretion reject any bids received and proceed as authorized by the Act. The City Manager may reject any bids that do not exceed the threshold for informal bids as specified in California Public Contract Code Section 22032(b); bids exceeding this amount shall be rejected by the City Council unless otherwise delegated.
(Ord. 2159 § 3 (Exh. A), 2024)
A. 
Change orders to a public works contract that amend the original scope of work as determined to be necessary by the city during the progress of work shall be documented in writing.
B. 
The City Manager or their designee may authorize change orders up to a cumulative amount not exceeding $200,000 or 10 percent of the overall contract price, whichever is greater. All other change orders must be approved by the City Council.
C. 
The cost of each change order shall be determined by a fair and reasonable valuation, agreed to in writing by the City Manager, or their designee, and an authorized representative of the contractor, and shall be added to or deducted from the compensation amount in the public works contract.
(Ord. 2159 § 3 (Exh. A), 2024)
In accordance with California Public Contract Code Section 22039, as it may be amended from time to time, the City Council hereby delegates authority to the City Engineer, or their designee, to approve plans, specifications and designs and all amendments and addenda thereto, field changes through the change order process and/or approval of as-built plans for all city public works contracts.
(Ord. 2159 § 3 (Exh. A), 2024)