Chapter 3.60
PUBLIC PROJECTS
Sections:
3.60.040 Bid requirements, purchasing procedures, and contracting procedures.
3.60.050 Delegation of authority to award contracts for level 1 projects.
3.60.060 Delegation of design approval authority.
3.60.010 Intent.
The intent of this chapter is to provide standardized procedures for awarding contracts for public projects in conformance with the Uniform Public Construction Cost Accounting Act (California Public Contract Code Section 22000 et seq.). [Ord. 395 § 2, 2024.]
3.60.020 Definitions.
Unless the context otherwise requires, the following definitions shall govern the construction of this chapter:
“Public project” shall be defined as that term is defined in California Public Contract Code Section 22002(c) or any successor statute thereto.
“Uniform Public Construction Cost Accounting Act” shall mean the procedures and regulations set forth in Chapter 2, commencing with Section 22000, to Part 3 of Division 2 of the California Public Contract Code or any successor act thereto. [Ord. 395 § 2, 2024.]
3.60.030 Applicability.
All public projects shall be bid and let to contract in accordance with the procedures prescribed by the Uniform Public Construction Cost Accounting Act, or any successor act thereto, and the provisions set forth in this chapter. [Ord. 395 § 2, 2024.]
3.60.040 Bid requirements, purchasing procedures, and contracting procedures.
This section shall govern the procedures for bidding and awarding all purchase orders and contracts to perform public projects. Bidding requirements and other purchasing and contracting procedures are categorized into three different levels set forth below. Each level shall govern purchases and contracts of different values. Notwithstanding any provision of this chapter, the bidding and other procedures for awarding public project contracts shall not violate the limitations of the Uniform Public Construction Cost Accounting Act, as they may be amended from time to time by the State Controller or the State Legislature.
A. Level 1 Projects. Public projects that do not exceed the limit in California Public Contract Code Section 22032(a), as it now exists or may subsequently be amended, may be performed by city employees by force account or may be awarded by negotiated contract or by purchase order without competitive bidding.
B. Level 2 Projects. Public projects that do not exceed the limit in California Public Contract Code Section 22032(b), as it now exists or may subsequently be amended, may be let to contract by the informal bid procedures set forth in this subsection. All level 2 project contracts shall require informal competitive written bidding, as follows:
1. Written Bids.
a. Bid specifications shall be prepared and written notices soliciting written bids shall be disseminated consistent with subsection (B)(3) of this section.
b. Bids shall be submitted in writing and must be received prior to the bid closing date to be considered.
c. The awarding authority shall award the contract to the lowest responsible and responsive bidder. The awarding authority may reject all bids, or waive any irregularities or informalities in any bid or bidding.
2. Contractors List. The city shall develop and maintain a list of qualified contractors, identified according to categories of work, in accordance with the provisions of California Public Contract Code Section 22034, or any successor statute thereto, and the minimum criteria for development and maintenance of the contractors list as determined by the California Uniform Construction Cost Accounting Commission.
3. Notice Inviting Informal Bids. At least 10 calendar days prior to the date informal bids are due, the city shall mail, fax or email a notice inviting informal bids to one or both of the following:
a. All contractors from the applicable category of work to be bid, as shown on the contractors list developed in accordance with subsection (B)(2) of this section; or
b. All construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with California Public Contract Code Section 22036, or any successor statute thereto. The notice shall describe the project in general terms, shall clearly indicate how to obtain more detailed information about the project, and shall set forth the time and place for the submission of bids. Additional contractors or construction trade journals may be noticed at the discretion of the city department soliciting bids. 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. Excess Bids. If all bids received pursuant to the procedures outlined in this subsection (B) are in excess of the limit in California Public Contract Code Section 22032(b), the city council may employ the procedure authorized in California Public Contract Code Section 22034(d).
C. Level 3 Projects. Public projects that exceed the limit in California Public Contract Code Section 22032(c), as it now exists or may subsequently be amended, shall, except as otherwise provided by law, be let to contract by the formal bidding procedures set forth in this subsection.
1. Notice Inviting Formal Bids. The city shall publish and mail a notice inviting sealed formal bids in accordance with the provisions of California Public Contract Code Section 22037, or any successor statute thereto.
2. Receipt of Bids. Electronic bids shall be received through the electronic bidding system selected by the city, and shall not be opened until the time designated in the bid specifications. Bids must be received prior to the bid opening to be considered. Users of the city’s electronic bidding system shall be charged a fee, in an amount determined by the city council by resolution.
3. Award. The city council shall award the bid to the lowest responsible bidder, or reject all bids pursuant to California Public Contract Code Section 22038, or its successor statute. The city council may waive any irregularities or informalities in any bid or bidding. [Ord. 395 § 2, 2024.]
3.60.050 Delegation of authority to award contracts for level 1 projects.
The city manager is authorized to award bids and enter into contracts up to $10,000 for Level 1 public projects, pursuant to CMC 3.60.040(A), provided there exists an unencumbered appropriation in the fund account against which the expense is to be charged. [Ord. 395 § 2, 2024.]
3.60.060 Delegation of design approval authority.
The public works director and city engineer are authorized to approve plans or designs for purposes of design immunity pursuant to California Government Code Section 830.6, for all public projects approved by the city manager pursuant to CMC 3.60.050. Nothing in this section is intended to, nor will it, preclude the city council from separately or additionally approving plans or designs for purposes of design immunity pursuant to California Government Code Section 830.6. [Ord. 395 § 2, 2024.]
3.60.070 Bid security.
Bid security shall be required as a condition of submitting a written bid unless deemed unnecessary by the city manager or his or her designee. Bid security may be a bond issued by a licensed and duly qualified corporate surety, or the equivalent in cash, money order, cashier’s check, certified check, unconditional letter of credit, or other form approved by the city attorney. Bid security must equal at least 10 percent of the bid amount. [Ord. 395 § 2, 2024.]
3.60.080 Emergencies.
In cases of emergency when repair or replacements are necessary, the city may proceed in compliance with California Public Contract Code Section 22035, or any successor statute. [Ord. 395 § 2, 2024.]