Section 404. – Contracts.

The City Council shall have the power to establish standards, procedures, rules or regulations relating to all aspects of the award and performance of contracts, including contracts for the construction of public improvements, including, but not limited to, compensation paid for performance of such work.

Municipal Code

3.28.080 – Construction projects.

A. Except where specifically exempted from such laws by ordinance of the city council, contracts for construction projects in the city shall be governed by applicable state laws including the California Public Contract Code, Division 2, Part 1, and Division 2, Part 3, the Local Agency Public Construction Act, which includes the adoption by the city of the alternative provisions of the Uniform Public Construction Cost Accounting Act for use in the city. Contracts for construction projects shall also be governed by the current edition of the standard specifications for public works construction and the latest supplement thereto, adopted by the Greenbook Committee of the Public Works Standards, Inc., except as otherwise provided by the city council or the city manager if the contract is within his/her authority.

1. Construction projects less than the amount specified in Section 22032(a) of the California Public Contract Code may be performed by city employees by force account, by negotiated contract or by purchase order.

2. Construction projects less than the amount specified in Section 22032(b) of the California Public Contract Code may be let to contract by informal procedures set forth in this section.

3. Construction projects of more than the amount specified in Section 22032(c) of the California Public Contract Code shall be let by formal bidding procedure.

4. It shall be unlawful to split or separate work or projects into smaller work orders on projects for the purpose of evading the provisions of this chapter.

5. The city council shall adopt plans and specifications for all construction projects to be formally bid when the value exceeds the limits established by the UPCCAA.

6. The informal bidding for construction projects procedures shall include the following procedures:

a. The purchasing officer or his/her designee shall develop a list of qualified contractors eligible to submit bids on informal contracts awarded by the city. The list shall be organized in accordance with the license classifications of the contractor’s state license board.

b. The purchasing officer or his/her designee shall mail notice inviting informal bids to all contractors on the list of qualified contractors and construction trade journals not less than ten calendar days before bids are due.

c. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, the time, date and place for the submission of bids, and whether or not the project will require the payment of prevailing wages.

d. When the awarding authority deems feasible, bid documents may be transmitted and/or received over the internet.

e. The awarding authority may in its sole discretion reject any or all bids presented and waive any minor irregularity or informality in such bids. The contract shall be awarded to the lowest responsive, responsible bidder. If no bids are received through the informal procedure, the project may be performed by city employees, by force account or negotiated contract without further complying with this section.

f. The city manager or his/her designee shall award all informal contracts.

7. The formal bidding procedures for construction projects shall include the following:

a. The purchasing officer, or his/her delegate, shall mail notice inviting formal bids for construction projects to construction trade journals at least thirty calendar days before the bid opening date. The notice inviting formal bids shall be published at least fourteen calendar days before the bid opening date in a newspaper of general circulation in the city. In addition to the newspaper, the notice inviting formal bids may be advertised in any manner which will permit the information to be widely disseminated.

b. When the awarding authority deems feasible, bid documents may be transmitted and/or received over the internet.

c. The awarding authority may waive any minor irregularity or informality in such bids or may, in its sole discretion, reject all bids presented.

d. The contract shall be awarded to the lowest responsive, responsible bidder.

e. If no bids are received through the formal procedure, the project may be performed by city employees, by force account or negotiated contract without further complying with this section.

f. The city council shall award all formal contracts.

(Ord. CS-002 § 2 (part), 2008)