Article IV. – Public Works Projects
2.28.170 – Charter authority; exemption from public contract code; exceptions.
(a)Charter authority. Having been empowered by its charter to exercise full control over its municipal affairs, the city council hereby establishes its own standards, procedures, rules and regulations for the bidding, award and performance of contracts for public works projects which constitute municipal affairs, except as may be otherwise specified in this article IV.
(b)With respect to guidance regarding what public works projects constitute municipal affairs, the city shall consider the following:
(1)The extent of the city’s control over the public project;
(2)The extent to which the city is the source of the funds used to finance the public project; and
(3)The extent to which the public project is local in nature and scope.
(c)Exemption from Public Contract Code. Pursuant to section 1100.7 of the California Public Contract Code (“Public Contract Code”), the city council declares that the definitions and provisions pertaining to contracting for public works projects set forth in article IV and elsewhere in this chapter, shall govern the notice, publication, cost of public works projects triggering formal or competitive bidding (and exceptions thereto), method of awarding of contracts and contracting during an emergency with respect to public works projects constituting municipal affairs. The city is expressly exempt from provisions of the Public Contract Code which conflict with the provisions of its charter, this chapter or this code.
(1)When public works projects or other applicable contracts are funded by state or federal sources, including but not limited to, loans or grants, the city shall comply with any contract solicitation, bidding, evaluation and award rules or regulations required in order to receive such state or federal funds.
(2)When public works projects do not involve municipal affairs or state and/or federal funding requiring particular bidding rules or regulations, the city shall follow the procedures set forth in the Uniform Public Construction Cost Accounting Act, Public Contract Code section 22000 et seq. (the “Act”). The bid limitations set forth set forth in section 22032 of the Act, as adjusted periodically by the Uniform Construction Cost Accounting Commission, shall apply and the city hereby adopts the informal bid procedure set forth in section 22034 of the Act to govern its selection of contractors under section 22032(b) of the Act.
(e)Although plans, specifications and working details shall be prepared for any public works project required to be bid using the formal bidding procedures set forth in Section 2.28.210, there shall be no requirement for the city council to adopt plans, specifications, and working details for such public works project prior to the project being bid.
(f)Notwithstanding any Public Contract Code provisions relating to claims or payment of claims, any claims relating to public works projects or payment for same shall be resolved pursuant to
Title 1, Division 3.6, Part 4 of the California Government Code, or this code. The city shall not be obligated to arbitrate any claim.
(Ord. No. 2235, § 2, 4-7-09; Ord. No. 2325, § 2, 10-21-14)