CHAPTER 3.26 - PUBLIC PROJECTS SUBJECT TO THE PUBLIC CONTRACT CODE#

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Editor's note— Ord. No. 1049B, § 6(Att.), adopted August 9, 2022, repealed the former Chapter 3.26, §§ 3.26.010—3.26.050, and enacted a new Chapter 3.26 as set out herein. The former Chapter 3.26 pertained to public projects bidding procedures and derived from Ord. 711B §1 (part), 2001; Ord. No. 983B, § 5, January 22, 2019.

3.26.010 - Uniform Public Construction Cost Accounting Act.#

The city elects to be subject to the Uniform Public Construction Cost Accounting Act as set forth in Section 22000 et seq. of the Public Contract Code ("Act"), and the uniform construction cost accounting procedures.

"Public project" shall have the meaning provided in Section 22002(c) of the Act, as that section may be amended from time to time. A public project shall not include maintenance work as provided in Section 22002(d) of the Act.

(Ord. No. 1049B, § 6(Att.), 8-9-2022)

3.26.020 - Prequalification of bidders.#

This section is enacted pursuant to Section 20101 of the California Public Contract Code, which enables the city to establish a system for prequalification of prospective bidders on public works construction and maintenance projects. In addition, pursuant to the city's general police powers under California Constitution Article 11, Section 7, the city desires to apply this process to the award of public works maintenance contracts in order to ensure that bidders are qualified to perform city public works maintenance.

A. Prequalification of Bidders.#

(1) The city hereby establishes a system for prequalification of prospective bidders for public works construction and maintenance projects. The city may use the prequalification system identified in this section for any public works project.

(2) The public works director is authorized to adopt and apply a uniform system of rating bidders for each project based on:

a. The requirements of Section 20101 of the California Public Contract Code; and

b. The model guidelines and standardized questionnaire created by the state of California Department of Industrial Relations, as modified at the city's discretion to address the needs of the particular project, or projects, to which they are to be applied.

c. Notwithstanding the provisions of this section, the city may require prequalification of prospective bidders on any public works project or to engage in a program of prequalification of prospective bidders, on public works projects on a recurring basis as provided in Section 20101 of the California Public Contract Code.

(3) If prequalification of prospective bidders is required for a particular project, the city shall determine which bidders are qualified to bid that project based upon the uniform system of rating bidders. If the city determines any bidder is not qualified to bid a project, a written or electronic notice will be provided that includes the basis for the determination and an identification of any supporting evidence therefor, and an opportunity for the bidder to appeal the determination. A copy of all prequalification determinations shall be filed with the city clerk at least ten days prior to the scheduled bid opening.

B. Appeals.#

(1) The appellant shall submit a written notice of appeal to the city clerk, along with a complete written description of all factual and legal bases for the appeal and accompanied by a fee in the amount established by resolution of the city council, no later than ten days after the city has provided written notice of the determination. Should the appellant prevail in its appeal, the deposit shall be returned to the appellant and the city shall bear the costs of the appeal. If the appellant does not prevail, the deposit shall be used to pay all costs associated with the appeal. If the deposit is insufficient to pay the entirety of the costs of the appeal, the appellant shall pay the remaining costs within 30 days after the decision. Any failure by the appellant to timely pay any outstanding appeal costs, as required herein, shall be considered by the city in future prequalification proceedings.

(2) Upon receipt of the request from the appellant, required deposit, and request for hearing, the hearing shall be conducted so that it is concluded no later than five business days prior to the last date for the receipt of bids on the project or 20 days following the city's receipt of the notice of appeal, whichever is sooner. The hearing shall be an informal process conducted by an arbitrator, who shall be an attorney experienced in public works and construction matters. The arbitrator may be selected by the mutual consent of the appellant and the city. If an agreement cannot be reached regarding the selection of the arbitrator, the appellant and the city shall each exchange a list of three arbitrators they would be willing to accept. In turn, beginning with the appellant, each party shall strike one name from the other party's list until only one name remains and that remaining person shall be the arbitrator. If the arbitrator selected is unavailable, the parties shall repeat the process until they succeed in selecting an available arbitrator.

(3) At the hearing, the appellant and the city shall each be provided an opportunity to be represented by legal counsel and to present or rebut any evidence bearing upon the issues presented in the appeal. Each party shall bear his, her, its, or their own attorneys' fees, regardless of the outcome of the appeal.

(4) The arbitrator shall consider relevant evidence presented during the hearing and provide a written decision on the appeal to the city, with a copy to the city clerk, and the appellant within one business day after the close of the hearing. The time identified in this section for providing the arbitrator's decision may be extended only by consent of the city and the appellant and such an extension shall not affect or require a delay in a scheduled time for opening of bids for any public works project. Failure by the arbitrator to render a timely decision shall be deemed a denial of the appeal.

(5) The arbitrator's decision shall be final.

(Ord. No. 1049B, § 6(Att.), 8-9-2022)

3.26.030 - Public projects of $60,000.00 or less.#

Public projects of $60,000.00 or less, or in such sum as may be authorized by California Public Contracts Code § 22032(a), may be performed by the employees of the city by force account, by negotiated contract or by purchase order.

(Ord. No. 1049B, § 6(Att.), 8-9-2022)

3.26.040 - Public projects of $200,000.00 or less.#

Public projects of $200,000.00 or less, or in such sum as may be authorized by California Public Contracts Code § 22032(b), may be let to contract by informal procedures as set forth in Section 22034(a) of the Act to a list of qualified contractors.

(1) The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids.

(2) The city council may delegate the authority to award informal contracts to the public works director, purchasing officer or city manager.

(3) If all bids received are in excess of $200,000.00, the city council by passage of a resolution by a four-fifths vote, award the contract, at $212,500.00, or less, or in such sum as may be authorized by California Public Contracts Code § 22034(d), to the lowest responsible bidder, if it determines the cost estimate of the city was reasonable.

(Ord. No. 1049B, § 6(Att.), 8-9-2022)

3.26.050 - Public projects of more than $200,000.00.#

Public projects of more than $200,000, or in such sum as may be authorized by California Public Contracts Code § 22032(c), shall, except as otherwise provided in the Act, be let to contract by formal bidding procedure.

(Ord. No. 1049B, § 6(Att.), 8-9-2022)

3.26.060 - In cases of emergency.#

In cases of emergency when repair or replacements are necessary, the governing body may proceed at once to replace or repair any facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. Notice for bids to let contracts will not be given § 22035(a).

(Ord. No. 1049B, § 6(Att.), 8-9-2022)

3.26.070 - Rejection of bids.#

In its discretion, the city may reject any bids present in accordance with Section 22038.

(Ord. No. 1049B, § 6(Att.), 8-9-2022)