(A) Uniform Public Construction Cost Accounting Act adopted. The City Council hereby adopts the California Uniform Public Construction Cost Accounting Act (Cal. Public Contract Code § 22000 et seq.) for the purpose of prescribing regulations governing contracts awarded by the city for public projects. However, nothing contained herein shall preclude the city from utilizing more restrictive procedures if, and when required by federal or state law, or when federal or state funds are involved in the contract to be awarded and the funding agency requires more restrictive procedures.
(B) Definitions of terms. As used in this section, the words, terms and phrases shall have the following meanings, as defined in Cal. Public Contract Code § 22002, unless otherwise apparent from the context:
FACILITY means any plant, building, structure, ground facility, real property, street, highway or other public work improvement.
MAINTENANCE WORK includes all of the following:
(a) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.
(b) Minor repainting.
(c) Resurfacing of streets and highways at less than one inch.
(d) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.
PUBLIC PROJECT means any of the following:
(a) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility.
(b) Painting or repainting any publicly owned, leased, or operated facility.
(c) PUBLIC PROJECT does not include maintenance work, as defined above.
(C) Dollar amount of public project determines process to be used. The dollar amount thresholds provided in this section shall automatically adjust upon the effectiveness of any adjustment notification by the State Controller in accordance with Cal. Public Contract Code § 22020, without the necessity of amending this section or any subdivision herein to reflect any such adjustment.
(1) Public projects of $45,000 or less may be performed by city employees by force account, by negotiated contract, or by purchase order. The contract or purchase order for contracts over $5,000 shall be awarded by the City Council and signed by the Mayor.
(2) Public projects of $175,000 or less may be let to contract by informal bidding procedures as set forth in this section.
(3) Public project of more than $175,000 shall, except as otherwise provided in this section, be let to contract by formal bidding procedure as set forth in this section.
(D) Procedures to be used for contracts regarding public projects.
(1) Written specifications. Public works projects which come within the dollar amount set forth in division (C)(1) above are subject to written specifications describing the delivery schedule, materials, supplies, equipment and services. Price quotes must be solicited in writing from a minimum of three vendors, if available. The low price quote must be confirmed in writing.
(2) Informal bidding procedures. Public works project which are subject to the informal bidding procedures as set forth in division (C)(2) above shall be awarded to the lowest responsible bidder in accordance with the Uniform Construction Cost Accounting Act, § 22032 et seq. of the Cal. Public Contract Code, as follows:
(a) Contractors list. A list of qualified 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 California Uniform Construction Cost Accounting Commission.
(b) Notice inviting informal bids. A notice inviting informal bids shall be prepared, which shall describe the project in general terms, describe how to obtain more detailed information about the project, and state the time and place for the submission of bids. The notice shall be mailed, not less than ten days before bids are due, to either all the contractors on the contractors list for the category of work to be bid, or to all construction trade journals specified in Cal. Public Contract Code § 22036, or both, unless the product or service delivery is proprietary.
(c) The informal bids for public projects shall be awarded by the City Council and signed by the Mayor.
(d) If all bids received are in excess of $175,000, the City Council may, by adoption of a resolution of four-fifths vote, award the contract, at $187,500 or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable.
(3) Formal bidding procedures. Public work projects which are subject to formal bidding procedures as set forth in division (C)(3), above, shall be awarded to the lowest responsible bidder in accordance with, but not limited to, the following procedures:
(a) Preparation of a notice inviting bids including bid specifications and setting of the time and place for receiving and opening of sealed bids;
(b) Publication of such notice at least 14 days prior to bid opening, and sent electronically, if available, and mailed to all construction trade journals specified in Cal. Public Contract Code § 22036, at least 15 days prior to bid opening;
(c) The submission of sealed bids;
(d) A public bid opening;
(e) Award to the lowest, responsive and responsible bidder;
(f) City reservation in notice inviting bids of the right to reject any or all bids;
(g) Award and execution of a written contract; and
(h) Reference to applicable state or federally funded project requirements.
(E) Authority to prepare and issue notice inviting bids. The City Manager is authorized to prepare and issue notices inviting bids and to establish such additional bidding procedures as are not inconsistent with those stated herein.
(F) Prohibition against splitting or separating projects. 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 chapter requiring work to be done by contract after competitive bidding.
(G) City Council authority to reject, re-advertise, or otherwise award.
(1) In its discretion, the City Council may reject any and all bids presented under the informal and formal bidding procedures described above, if the city, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the city, furnishes a written notice to an apparent low bidder. The notice shall inform the bidder of the city's intent to reject the bid and shall be mailed at least two business days prior to the Council meeting at which the city intends to reject the bid. If after the first invitation for bids all bids are rejected, after reevaluating its cost estimates of the project, the city shall have of the option of either of the following:
(a) Abandoning the project or re-advertising for bids in the manner described in this § 35.06.
(b) By passage of a resolution by a four-fifths vote of the City Council declaring that the project can be performed more economically by the employees of the city, the city may have the project done by force account without further complying with this § 35.06.
(2) If the contract is awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the city may accept the one it chooses.
(3) If no bids are received through the informal or formal bidding procedures described above, the project may be performed by employees of the city by force account or by informal bidding procedures set forth above.
(H) Emergency.
(1) In case of an emergency regarding a public project which requires competitive bidding, the City Council may pass a resolution by a four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property. The resolution shall specify findings as required in Cal. Public Contracts Code § 22050.
(2) EMERGENCY as used in this section means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.
(I) Written contracts required. All contracts for public projects shall be in writing; all amendments to contracts shall be in writing. The City Manager shall work with the City Attorney to ensure that the contract includes language protecting the city's interest and language required by law. This language shall include, but is not limited to: specified term, scope of services, termination language, insurance, warranties, indemnification, non- collusion, contractor license, security, bonds, liquidated damages, change orders, retention, prevailing wages, and compliance with applicable laws.
(J) Exception competitive bidding for purchases from state. In accordance with Cal. Public Contract Code § 10299, the city may, without formal or informal bidding, contract with suppliers who have been awarded contracts by the state for the purchase of goods, information technology, and services under the competitive process in Cal. Public Contract Code §§ 12100 to 12113. Such contracts typically take the form of master agreements, price schedules, or multiple award schedules. The city may make these purchases directly from the vendors or the state may provide assistance to the city in making these acquisitions. Such contracts are subject to Council approval.
(Ord. 15-100, passed 2-11-2015)