Elk Grove Municipal Code Art. II Prequalification of Bidders

The City hereby establishes a system for prequalification of prospective bidders for public works projects. The City may use the prequalification system identified in this section for any public works project.

(Ord. 2-2016 § 2(2), eff. 4-8-2016)

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 Public Works Director’s discretion to address the needs of the particular project, or projects, to which they are to be applied.

(Ord. 2-2016 § 2(2), eff. 4-8-2016)

Prequalification of prospective bidders shall be conducted for public works projects that involve the construction, retrofitting, remodeling, renovation or expansion of public buildings, water or wastewater treatment facilities, water works; maintenance of roadways, drainage facilities, roadway landscaping, or parks; or require significant specialized experience or expertise, unless the Public Works Director determines that it is in the best interests of the City to forego prequalification of prospective bidders on a particular project. In making his or her determination whether it is in the best interests of the City to forego prequalification of prospective bidders on a particular project, the Public Works Director’s decision shall be supported by one (1) or more of the following reasons:

A. Prequalification of prospective bidders is likely to unreasonably adversely affect the cost of the project;

B. The complexity, scale or cost of the project does not warrant use of this prequalification process;

C. There is an urgent need, based upon concerns for the health and safety of the public, to pursue the project on an expedited basis;

D. The particular project is of such a specialized nature that there is a very limited pool of qualified potential bidders, and for this reason the purposes of the prequalification process may be accomplished by use of a bid questionnaire; or

E. The project will not be competitively bid.

(Ord. 2-2016 § 2(2), eff. 4-8-2016)

Notwithstanding EGMC Section 3.50.053, the Public Works Director is authorized to 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.

(Ord. 2-2016 § 2(2), eff. 4-8-2016)

If prequalification of prospective bidders is required for a particular project, the Public Works Director shall determine which bidders are qualified to bid that project based upon the uniform system of rating bidders. If the Public Works Director determines any bidder is not qualified to bid a project, the Public Works Director shall provide to the bidder written notice 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 pursuant to EGMC Section 3.50.056. A copy of all prequalification determinations shall be filed with the City Clerk at least ten (10) days prior to the scheduled bid opening.

(Ord. 2-2016 § 2(2), eff. 4-8-2016)

A. Any applicant to be considered for prequalification for bidding that is aggrieved by a determination made by the Public Works Director pursuant to EGMC Section 3.50.053 may appeal the determination only by complying with the requirements set forth in this section. Such an aggrieved applicant shall be referred to herein as “appellant.” Without a timely appeal, the appellant waives any and all rights to challenge the decision of the Public Works Director, whether by administrative process, judicial process or any other legal process or proceeding.

B. 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 (10) days after the City has mailed written notice of the determination made by the Public Works Director. 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 thirty (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.

C. If the appellant gives the required notice of appeal, provides the necessary deposit, and requests a hearing, the hearing shall be conducted so that it is concluded no later than five (5) business days prior to the last date for the receipt of bids on the project or twenty (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.

D. 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.

E. 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 (1) 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.

F. The arbitrator’s decision shall be final.

(Ord. 2-2016 § 2(2), eff. 4-8-2016)