§ 33.16  BIDDING.
   (A)   Informal and formal bidding procedures.  Public projects, as defined by Cal. Public Contract Code § 22002, and in accordance with the monetary limits described in Cal. Public Contract Code § 22032 (as amended from time to time by the California Uniform Construction Cost Accounting Commission), shall be let to contract by procedures described in Cal. Public Contract Code §§ 22030 et seq.
   (B)   Procedures not established by the Act.  When the Act does not establish a procedure for bidding public projects, the procedures described in this section and/or Cal. Public Contract Code §§ 20160 et seq. shall govern.
   (C)   Contractors list.  Lists of contractors shall be developed and maintained in accordance with the provisions of Cal. Public Contract Code § 22034 and criteria promulgated from time to time by the Commission.
   (D)   Award to low bidder; no bids. 
      (1)   All contracts must be awarded to the lowest bidder. 
      (2)   If two or more bids are the same and lowest, the city may perform public projects with city employees or through a negotiated contract without further compliance with this section.
   (E)   Notice inviting informal bids. 
      (1)   Preparation of notice.  When a public project anticipated to fall within the monetary limits on informal bids described in Cal. Public Contract Code § 22032 (as amended from time to time by the Commission) is to be performed, the city shall prepare a notice of the opportunity to bid, which describes the project in general terms, states the time and place for the submission of bids, and describes how to obtain more detailed information about the project.
      (2)   Mailing of notice.
         (a)   The city shall mail the notice to all contractors for the category of work to be bid, as shown on the list developed in accordance with division (C). 
         (b)   It may also be mailed to all construction trade journals, as specified by the Commission in accordance with Cal. Public Contract Code § 22036. 
         (c)   Other contractors and/or construction trade journals may also be notified at the discretion of the department soliciting bids. 
         (d)   Mailing shall be completed at least ten days before bids are due.
   (F)   Award of informally bid contracts.  The City Manager, Public Works Director or Finance Director are authorized to award informal contracts as defined in Cal. Public Contract Code § 22032, except those described in division (M).
   (G)   Bids exceed informal bidding limit.  If all informal bids received exceed the monetary limits on informal bids described in Cal. Public Contract Code § 22032 (as amended from time to time by the Commission), and the city determines that the cost estimate was reasonable, the city may award the contract at up to the limit described in Cal. Public Contract Code § 22034(f), by resolution approved by a four-fifths vote of the City Council.
   (H)   Bid documents for formal bids.  The City Council shall adopt plans, specifications and working details for all public projects anticipated to fall outside the monetary limits on informal bids described in Cal. Public Contract Code § 22032 (as amended from time to time by the Commission).
   (I)   Notice inviting formal bids. 
      (1)   Preparation of notice.  When a public project anticipated to fall outside the monetary limits on informal bids described in Cal. Public Contract Code § 22032 (as amended from time to time by the Commission) is to be performed, the city shall publish a notice inviting formal bids in a newspaper of general circulation as described in Cal. Public Contract Code § 22037. 
      (2)   Mailing of notice.
         (a)   The notice shall also be mailed to all construction trade journals, as specified by the Commission in accordance with Cal. Public Contract Code § 22036. 
         (b)   Other contractors and/or construction trade journals may also be notified, at the discretion of the department soliciting bids.
         (c)   Mailing shall be completed at least 30 days before bids are due.
   (J)   When contractors list has not been prepared; proprietary product or service.  Notwithstanding divisions (E) and (I):
      (1)   If the city has not prepared a list of contractors for the particular category of work to be performed, the notice inviting bids shall be sent to each of the construction trade journals specified by the Commission.
      (2)   If the product or service is proprietary in nature, such that it can be legally obtained only from a certain contractor(s), the notice inviting informal bids may be sent exclusively to such contractor(s).
   (K)   Contracts for maintenance and other work.  Contracts for maintenance, as defined by Cal. Public Contract Code § 22002, and for any other work that does not fall within that section's definition of public projects, may be bid pursuant to the informal bidding procedures described in division (E), and the formal bidding procedures in division (I).
   (L)   Rejection of bids; re-solicitation; use of city employees.
      (1)   If the city intends to reject all bids, it must mail the apparent low bidder a written notice of the city's intent to reject the bid, at least two business days prior to the hearing at which the bids will be considered.
      (2)   After rejecting all bids, the city may:
         (a)   Abandon the project;
         (b)   Readvertise the project; or
         (c)   Perform the work with city employees, after a four-fifths majority of City Council has passed a resolution, declaring that the project can be performed more economically by city employees.
   (M)   Emergency procedures.  When an emergency necessitates repair or replacement, contracts shall be awarded pursuant to the procedures described in Cal. Public Contract Code §§ 22035 and 22050.
   (N)   Uniform cost accounting procedures.  Whenever the city uses its own employees to perform a public works or maintenance project valued at more than the monetary limit on informal bidding projects described in Cal. Public Contract Code § 22032 (as amended from time to time by the Commission), it must implement the uniform construction cost accounting policies and procedures described in Cal. Public Contract Code §§ 22043 et seq. and the Commission's policies and procedures manual.
(`67 Code, § 1-8-6)  (Am. Ord. 2002-002, passed 1-28-02; Am. Ord. 2006-006, passed 4-10-06)