Section 301. – Public Works Contracts.
The City is exempt from the provisions of all California statues regulating public contracting and purchasing except as provided by ordinance or by agreement approved by the City Council. The City shall establish all standards, procedures, rules or regulations to regulate all aspects of public contracting.
Sec. 28A.28. Procurement procedures for public projects.
(a) Public projects of forty-five thousand dollars ($45,000.00) or less may be performed by city employees by force account, by negotiated contract, or by purchase order.
(b) Public projects of one hundred seventy-five thousand dollars ($175,000.00) or less may be let to contract by informal bidding procedures as follows:
(1) Informal bid procedures. Public projects, in accordance with the limits listed in Section 22032 of the Public Contract Code, may be let to contract by informal procedures as set forth in Section 22032 et seq. of the Public Contract Code.
(2) Contractors list. A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
(3) Notice inviting informal bids. A notice inviting informal bids shall be prepared, which notice 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 (10) calendar days before bids are due, to all contractors for the category of work to be bid, as shown on the list developed in accordance with subsection 28A.28(b)(2), and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids, provided, however:
(i) If there is no list of qualified contractors maintained by the city for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the commission.
(ii) If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.
(4)Award of contracts.
(i) The city engineer is authorized to award informal contracts of one hundred seventy-five housand dollars ($175,000.00) or less pursuant to this section.
(ii) If all bids received are in excess of one hundred seventy-five thousand dollars ($175,000.00), the city council may, by adoption of a resolution by a four-fifths (4/5) vote, award the contract, at one hundred eighty-seven thousand five hundred dollars ($187,500.00) or less, to the lowest responsible bidder, if it determines the project cost estimate was reasonable.
(c) Public projects of more than one hundred seventy-five thousand dollars ($175,000.00) shall, except as otherwise provided in this section, be let to contract by formal bidding procedure.
(Ord. No. 13-OR0009-1, § 1, 1-2-2013)