Chapter 2.54
PUBLIC PROJECTS
Sections:
2.54.040 Bid requirements, purchasing procedures, and contracting procedures.
2.54.050 Delegation of authority to award informal contracts.
2.54.010 Intent.
The intent of this chapter is to provide standardized procedures for awarding contracts for public projects in conformance with the Uniform Public Construction Cost Accounting Act. (Ord. 15-2043 § 1, 2015.)
2.54.020 Definitions.
Unless the context otherwise requires, the following definitions shall govern the construction of this chapter:
“Change order” shall mean a written authorization from the city directing an addition, deletion, or revision to an awarded purchase order or contract.
“Public project” shall be defined as that term is defined in Section 22002 of the California Public Contract Code or any successor statute thereto.
“Uniform Public Construction Cost Accounting Act” shall mean the procedures and regulations set forth in Chapter 2, commencing with Section 22000, to Part 3 of Division 2 of the California Public Contract Code or any successor act thereto. (Ord. 15-2043 § 1, 2015.)
2.54.030 Applicability.
All public projects shall be bid and let to contract in accordance with the procedures prescribed by the Uniform Public Construction Cost Accounting Act, or any successor act thereto, and the provisions set forth in this chapter. (Ord. 15-2043 § 1, 2015.)
2.54.040 Bid requirements, purchasing procedures, and contracting procedures.
This section shall govern the procedures for bidding and awarding all purchase orders and contracts to perform public projects, including any associated purchase of goods and supplies for such projects. Bidding requirements and other purchasing and contracting procedures are categorized into three different levels set forth below. Each level shall govern purchases and contracts of different values. Level 1 shall govern the least expensive purchase orders and contracts and Level 3 shall govern the most expensive purchase orders and contracts. Notwithstanding any provision of this chapter, the bidding and other procedures for awarding public project contracts shall not violate the limitations of the Uniform Public Construction Cost Accounting Act, as they may be amended from time to time by the State Controller or the State Legislature.
A. Level 1 Projects. Public projects of $45,000 or less may be performed by city employees by force account or may be awarded by negotiated contract or by purchase order without competitive bidding.
B. Level 2 Projects. Public projects of $175,000 or less may be let to contract by the informal bid procedures set forth in this subsection (B). All Level 2 project contracts shall require informal competitive written bidding, as follows:
1. Written Bids.
a. Bid specifications shall be prepared and written notices soliciting written bids shall be disseminated consistent with subsection (B)(3) of this section.
b. Bids shall be submitted in writing and must be received prior to the bid closing date to be considered.
c. The city council shall award the contract to the lowest responsible and responsive bidder. The city council may reject all bids, or waive any irregularities or informalities in any bid or bidding.
2. Contractors List. The city shall develop and maintain a list of qualified contractors, identified according to categories of work, in accordance with the provisions of Section 22034 of the California Public Contract Code, or any successor statute thereto, and the minimum criteria for development and maintenance of the contractors list as determined by the California Uniform Construction Cost Accounting Commission.
3. Notice Inviting Informal Bids. At least 10 calendar days prior to the date informal bids are due, the city shall mail a notice inviting informal bids to all contractors from the applicable category of work to be bid, as shown on the contractors list developed in accordance with subsection (B)(2) of this section, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the California Public Contract Code, or any successor statute thereto. Said notice shall describe the project in general terms, shall clearly indicate how to obtain more detailed information about the project, and shall set forth the time and place for the submission of bids. Additional contractors or construction trade journals may be noticed at the discretion of the city department soliciting bids; provided, however:
a. 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.
b. 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.
4. Excess Bids. If all bids received pursuant to the procedures outlined in this subsection (B) are in excess of $175,000, the city council may, by passage of a resolution by a four-fifths vote, award the contract at $187,500 or less, to the lowest responsible bidder, without complying with the formal bidding procedures set forth in subsection (C) of this section; provided, that the city council determines that the cost estimate of the project was reasonable.
C. Level 3 Projects. Public projects of more than $175,000 shall, except as otherwise provided by law, be let to contract by the formal bidding procedures set forth in this subsection (C). Public projects which must be let pursuant to Level 3 procedures shall be approved by the city council and shall require competitive written bidding, as described in this subsection (C).
1. Bid Specifications. For all public projects that must be let pursuant to Level 3 procedures, bid specifications shall be prepared. In addition, the city council shall adopt all plans, specifications, and working details for all public projects in accordance with the requirements of Section 22039 of the Public Contract Code or any successor statute.
2. Notice Inviting Formal Bids. The city shall publish and mail a notice inviting sealed formal bids in accordance with the provisions of California Public Contract Code Section 22037, or any successor statute thereto.
3. Receipt of Bids. Bids shall be sealed, and shall not be opened until the time and place designated in the bid specifications. Bids must be received prior to the bid opening to be considered.
4. The city council shall award the bid to the lowest responsible bidder, or reject all bids pursuant to Public Contract Code Section 22038, or its successor statute. The city council may waive any irregularities or informalities in any bid or bidding. (Ord. 15-2043 § 1, 2015.)
2.54.050 Delegation of authority to award informal contracts.
The city manager is authorized to award bids and enter into contracts for public projects pursuant to this chapter where the amount of such contract does not exceed $25,000, or such other amount as the city 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 $25,000, or such other amount as the city council may designate by resolution, the contract shall be approved by the city council. (Ord. 15-2043 § 1, 2015.)
2.54.060 Bid security.
Bid security shall be required as a condition of submitting a written bid unless deemed unnecessary by the city manager or his or her designee. (Ord. 15-2043 § 1, 2015.)