Alhambra Municipal Code Ch. 3.40 Bidding and Contracts for Public Projects

Section

Statutory reference:

For provisions concerning bidding and contracts for municipal public projects, see Cal. Pub. Cont. Code §§ 20161 et seq.

Cross-reference:

For provisions concerning city contracts, see Charter Article XIX

(A) Public project. As defined by the California Public Contract Code, is a project for the construction, reconstruction, erection, alteration, renovation, improvement, demolition, painting, repainting, or repair of any publicly owned, leased or operated facility.

(B) When contracting for public projects, the city will be compliant with the Uniform Public Construction Cost Accounting Procedures in accordance with §§ 22000 to 22045 of the Public Contract Code. The contract is awarded to the lowest responsible bidder.

(C) Levels of bidding required.

(1) Force account, negotiations, or PO - public projects up to $75,000.

(2) Informal bidding procedures - public projects up to $220,000/CEO authority:

(a) Notice inviting bids must be mailed to construction trade journals.

(b) Notice can also be provided to list created by city for category or work to be bid.

(c) Notice can be sent to any other contractors or construction trade journal.

(d) If product/service is proprietary in nature, the city can limit notice to those contract(s) that can provide such product or service.

(e) Notices must be sent at least ten days before the bids are due.

(f) Award to lowest responsible bidder.

(3) Formal bidding procedures - public projects over $220,000:

(a) Requires sealed bid procedure.

(b) Non-collusion affidavit-bidder of a principal contract (Chapter 3.38 of this code) needs to be included in the bid package.

(c) Notice must state time and place for receiving and opening of sealed bids.

(d) Notice must be published at least 14 calendar days before opening of bid in newspaper of general circulation.

(e) Notice must be sent electronically to publications listed in the city's list at least 15 days before opening of bids.

(f) Additional notice may be provided.

(g) Award to lowest responsible bidder.

(D) Information for mailed notice. When submitting notices for bids for jobs, the following information should generally be included:

(1) Project title and contract number if applicable.

(2) Cost range.

(3) Location of site.

(4) Who is taking bids - i.e., City Clerk.

(5) Date and time bids are due.

(6) Contact address, phone, and e-mail.

(7) Architect's/engineer's address and phone number if applicable.

(8) Brief description of work to be done.

(9) Location where plans may be obtained and if deposit is required/refundable.

(10) Percentage of bid bond/percentage of performance bond/percentage of payment bond.

(‘86 Code, § 3.40.010) (Ord. 3507, passed - - ; Am. Ord. 3660, passed - - ; Am. Ord. 4517, passed 2-25-08; Am. Ord. 4837, passed 9-9-24; Am. Ord. 4845, passed 4-28-25)

All notices inviting bids shall require that each bid be accompanied by bidder's security. Such bidder's security shall be governed by the procedures described in § 3.36.110.

(‘86 Code, § 3.40.020) (Ord. 3507, passed - - ; Am. Ord. 4517, passed 2-25-08; Am. Ord. 4837, passed 9-9-24)

Every person awarded a contract for a public project involving an expenditure in excess of $25,000 shall, before commencing work on any such public project, furnish the city with, and file in the office of the City Clerk, a bond or bonds, in a form satisfactory to the city, in the sum of 100% of the contract price thereof, conditioned upon the faithful performance of the contract, and upon the payment of all labor and material furnished in connection with the contract. For contracts in amounts less than $25,000, the City Manager is authorized to determine whether or not to require faithful performance and payment of labor and materials bonds or in lieu of such bond or bonds, cash or its equivalent security, as specified.

(‘86 Code, § 3.40.030) (Ord. 3507, passed - - ; Am. Ord. 4517, passed 2-25-08; Am. Ord. 4675, passed 8-10-15; Am. Ord. 4837, passed 9-9-24; Am. Ord. 4845, passed 4-28-25)

All contracts for public projects shall require the contractor to furnish evidence, in a form satisfactory to the city, that the contractor has taken out and has in force liability and worker's compensation insurance in such amounts and form as may be required by the city, in addition to any other insurance required by the city's Risk Manager.

(‘86 Code, § 3.40.040) (Ord. 3507, passed - - ; Am. Ord. 4517, passed 2-25-08; Am. Ord. 4837, passed 9-9-24)

No contract for a public project shall provide for, authorize or permit the payment of more than 95% of the contract price before the completion of the work done under the contract, and acceptance thereof by the city, and the expiration of the stop notice claim period and the resolution of any such claims filed thereunder.

(‘86 Code, § 3.40.050) (Ord. 3507, passed - - ; Am. Ord. 4517, passed 2-25-08; Am. Ord. 4837, passed 9-9-24)