The City Council elects to have the City subject to the Uniform Public Construction Cost Accounting Act (Public Contract Code Sections 22000-22045) (the “Act”). As such, the City is subject to the procedures set forth in Article 2 (commencing with Section 22010) of the Act, may utilize the bidding procedures set forth in Article 3 (Commencing with Section 22030) of the Act when contracting for all public projects, including maintenance. The purpose of this Chapter is to supplement the Act. Nothing in this Chapter shall be construed in a manner that conflicts with the Act. Procurement for public projects shall be made pursuant to the procedure prescribed in this section and in accordance with the Public Contract Code.
(a) No competitive procurement. Public projects of at or under the limit established by Public Contract Code Section 22032(a), as that Section may amended from time to time, may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order.
(b) Informal procurement. Public projects which are at or under the limit established in Public Contract Code Section 22032(b), as that Section may be amended from time to time, may be procured by informal procedures as set forth in Public Contract Code Section 22034, as that Section may be amended from time to time.
(c) Formal procurement. Unless otherwise provided by the Public Contract Code, the following procedures shall apply to procurement for public projects:
(1) Bid notice. Notices inviting bids shall include a distinct description of the public project to be performed and shall state where and when bid packages may be secured and the time and place of the bid opening.
(2) Publication and mailing. Notice inviting bids shall be published at least 14 calendar days before the opening of bids in a newspaper of general circulation in the City or as otherwise permitted by law through the City's electronic bidding system, pursuant to Public Contract Code Section 22037. Notices may also be sent electronically, if available, by either facsimile or electronic mail, and mailed to all construction trade journals specified in the Public Contract Code Section 22036, at least 15 calendar days before bid opening.
(3) Bidder's security. The notice inviting bids shall state that a payment and performance bond are required from the successful bidder in an amount not less than 100 percent of the total amount payable pursuant to the public project contract. The payment and performance bond shall be in the form of a bond and not a deposit or other security in lieu of a bond.
(4) Bid opening procedures. Formal bids shall be submitted to the City Manager, or their designee, in accordance with the notice inviting bids and shall be identified as a bid on the envelope when submitted in paper format. Bids shall be opened in public at the time and place stated in the public notice. A record of the bids received shall be available for public inspection after the bids have been opened, indicating the amount bid by the various bidders and the basis for awarding the contract if other than the lowest responsive bidder is awarded the contract. Such list shall be available for at least 30 days after the award has been made.
(d) Award of contracts. The City Council, or City Manager, as may be applicable, shall award a contract for a public project to the lowest responsible bidder.
(e) Rejection of bids/cancellation of solicitation. Any and all bids submitted pursuant to this Section may be rejected by the City. The City may also cancel any open solicitation of bids when it is in the City's best interest to do so.
(f) Tie bids. If two or more bids received rank equally under the methodology being used, and if the public interest will not permit the delay or re-advertising for bids, the City may award the bid to either bidder.
(g) Failure to contract. If a successful bidder refuses or fails to execute a contract within ten business days of award, the City may choose not to award the contract and either reject all bids or award the contract to the second-place bidder.
(h) Use of electronic means. Consistent with the stated policy of promoting efficient public contract law, consistent with the best of modern practice and research, and pursuant to the authority granted by Public Contract Code Sections 1600 and 160l, the City shall be authorized to use an electronic bidding system, so long as the purpose and intent of applicable state law, this Chapter, and any supplemental rules or regulations are met. In using an electronic bidding system, the City shall provide bidders with an electronic receipt showing the date and time the submitted bid was received.
(i) Emergencies. Pursuant to Public Contract Code Section 22050, upon determining that an emergency exists, City Manager may dispense with otherwise applicable competitive procurement procedures and signature authority requirements to authorize a procurement necessary to address, avoid, or ameliorate the circumstances creating the emergency or the resulting damage or potential damage, up to an amount not to exceed $250,000. An emergency procurement will be limited in scope and duration to the extent necessary to satisfy the emergency need. The City Manager must report to the City Council any emergency purchase made and the basis therefor at the next City Council meeting following the emergency procurement.
(j) No competitive advantage. The City Council may dispense with otherwise applicable competitive procurement procedures if the advertisement for bids would be undesirable, impractical, or impossible, and if competitive procurement would not result in any advantage to the City in efforts to contract for the greatest public benefit. In such instances, the City Council may procure public projects through negotiated contract, cooperative purchasing, or by piggybacking off a competitive procurement that has been conducted by another public agency when the price to the City is equal to or better than the price to the public agency.
(k) Procurement and signature authority. Notwithstanding the provisions of Section 3.08.030, or any other provision of this Code, the City Manager shall have approval and contract authority for all public projects authorized under Subsection (1) above.
(Ord. 247, passed 5-8-2024)