Municipal Code
3.28.110 Requirements for public projects.
A. Application to Public Projects. Public projects shall be awarded in accordance with the provisions of this section.
B. Exemption from General Law. The city is exempt from the provisions of all California statutes regulating public contracting and purchasing except those applicable to charter cities and as otherwise required by the city charter, by ordinance, by the requirements of a grant or other financial assistance or by specific action of the city council. The city shall establish all standards, procedures, rules, or regulations to regulate all aspects of contracting for public projects.
C. Formal and Informal Bidding Procedures. Public Projects exceeding a threshold established by city council resolution shall be awarded following formal bidding, unless exempted by the city council pursuant to Section 3.28.140. Projects equal to or less than the formal bidding may be awarded by the informal bidding procedures in Section 3.28.100, threshold by force account or by negotiated contract.
D. Formal Bidding Procedures.
1. Development, Maintenance and Use of List of Qualified Contractors.
a. Establishment of List of Qualified Contractors. The director of public works may develop from time to time and maintain a list of qualified contractors eligible to bid on public projects awarded by formal bidding. The director of public works shall utilize construction trade journals and/or other industry related publications to request contractors to submit qualification statements. The director of public works may add contractors to the prequalified list upon submission by the contractor or its representatives of documents demonstrating the contractor meets the city’s qualified bidder requirements. Factors the director of public works may consider in making this determination include, among others: (i) successful and timely completion by the contractor of projects of similar scope, size, and quality; (ii) relevant licenses or certifications; (iii) available resources to perform the work, including qualified personnel, property (such as buildings, plants, equipment, and materials), and finances; (iv) history of claims and actions related to other public projects; and (v) performance history with the city, if applicable. The city council may, by resolution, adopt specific qualifications and selection criteria for a specific project or group of projects. No contractor shall be considered qualified for a particular project unless the contractor meets the minimum qualifications established for that particular project. A contractor found not to be qualified for a particular project or types of project may not re-apply to be included on the list of qualified contractors for the same project or type of project for a period of one year from the date the decision is final.
b. Appeal of Decision that Contractor is Not Qualified. A contractor the director of public works has determined is not qualified may appeal that determination to the city manager within ten days of receiving notice from the director of public works. The decision of the city manager shall be final.
2. Plans, Specifications and Working Details. The director of public works shall prepare, approve, and adopt plans, specifications and working details for all contracts awarded by the formal bidding to enable a qualified contractor to perform the work required for each contract.
3. Identifying and Inviting Bids.
a. The director of public works shall, at a minimum, request formal bids from contractors on the list of qualified contractors for the category of work being bid or as otherwise required by state or federal law or specific grant requirements. If the list does not contain at least two contractors, the director shall utilize construction trade journals or other industry related publications to expand the list of qualified contractors.
b. The director of public works shall prepare, approve and adopt plans, specifications and working details. The city council shall approve the latest standard plans and specifications adopted by the director of public works for use by city contractors.
c. The director of public works shall complete the mailing or posting of notices inviting bids not less than ten calendar days before bids are due or otherwise as required by law.
d. The notice inviting bids shall describe the project in general terms, explain how to obtain more detailed information about the project and state the time and place for the submission of bids.
4. Opening of Formal Bids and Award of Contract.
a. At the time provided in the notice inviting bids, the city clerk or the clerk’s designee shall open all bids timely received. If a contract is awarded, it shall be awarded by the city council to the lowest qualified and responsive bidder. If two or more responsive bids are the same and lowest, the city council may award the contract by drawing lots. If no bids are received, the project may be performed by city forces, negotiated contract, or by any other means provided by law, which the city council determines to be in the best interests of the city.
b. The city can require a bid bond, performance bond or other security in such amount as it finds reasonably necessary to protect the best interests of the city and consistent with applicable law. If the city requires bonds or other security, the amount of the bonds and the forfeiture process shall be described in the bid documents. The city may also establish retention amounts and payment schedule for progress payments and final payments.
E. Alternative Project Delivery and Bid Procedures.
1. The city council may by resolution authorize the director of public works to use alternative project delivery and bid procedures for a particular project. The selection process for such projects shall be adopted by resolution of the city council at its sole discretion for a particular project or group of projects. (Ord. 1537 § 1, 2009; Ord. 1477 § 1, 2005: Ord. 1277 § 2 (part), 1992)
