Guadalupe Municipal Code Ch. 4.05 Procurement of Public Projects

Except as otherwise provided, public projects shall be procured in accordance with the Uniform Public Construction Cost Accounting Act (Public Contract Code Sections 22000 through 22045), adopted and incorporated herein by this reference.

(Ord. 2003-362 §1)

The City Administrator shall be responsible for the procurement of public projects and may delegate the responsibility to the appropriate department designee.

(Ord. 2003-362 §1)

A. Unlawful to Split or Separate Projects to Evade Competitive Bidding. It is unlawful to split or separate into smaller work orders or projects, any project for the purpose of evading the provisions of this chapter requiring work to be done by contract after competitive bidding.

B. Qualified Contractors List. The City will maintain a list of qualified contractors, identified according to categories of work. The California Uniform Construction Cost Accounting Commission shall determine minimum criteria for development and maintenance of the contractors list.

C. Construction Trade Journals. The California Uniform Construction Cost Accounting Commission will determine the appropriate construction trade journals that shall receive mailed notice of all informal and formal construction contracts being bid for work within Santa Barbara County.

D. Award of Bid.

1. Awarding Authority. The City Administrator shall have the authority to award contracts and to delegate authority to award contracts to the appropriate department designee.

2. Award to Lowest Responsible Bidder. If a contract is awarded, it shall be awarded to the lowest responsible bidder.

3. Award of Tie Bids. If 2 or more bids are the same and the lowest, the City may accept the one it chooses.

4. No Bids. If no bids are received through the formal or informal procedure, the project may be performed by the employees of the public agency by force account, or negotiated contract without further complying with these procedures.

E. Rejection of Bids.

1. Options. In its discretion, the City may reject any bids presented. If after the first invitation of bids all are rejected, after reevaluating its cost estimates of the project, the City shall have the option of either of the following:

a. Abandon the Project. Abandoning the project or re-advertising for bids in the manner described in these procedures.

b. Perform Project by Force Account. By passage of a resolution by a four-fifths vote of its governing body declaring that the project can be performed more economically by the employees of the City, may have the project done by force account without further complying with these procedures.

F. Emergency Procedures.

1. Authority to Proceed at Once. In cases of emergency when repair or replacements are necessary, the governing body may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts.

2. Work May be Done by Day Labor. The work may be done by day labor under the direction of the City, by contractor, or by a combination of the two.

3. Compliance with Public Contract Code Section 22050. In case of an emergency, if notice for bids to let contracts will not be given, the City shall comply with Public Contract Code Chapter 2.5 (commencing with Section 22050).

(Ord. 2003-362 §1)

A. Conditions for Use. All contracts of the City for public projects exceeding the amount set forth from time to time by the State Controller by California Public Contracts Code Section 22032(c) shall be let to contract by compliance with the competitive sealed bidding procedures set forth in this section, in accordance with Public Contract Code Sections 22000 through 22045, except as otherwise provided in Sections 4.05.270 (Competitive sealed bids for projects requiring informal bidding) and 4.05.280 (Competitive bidding not required for certain projects).

B. Adoption of Plans, Specifications, and Working Details. After review and presentation by staff, the City Council shall adopt plans, specifications, and working details for all public projects exceeding the amount set forth from time to time by the State Controller by California Public Contracts Code Section 22032(c).

C. Examination of Plans and Specifications. Any person may examine plans, specifications and working details that are adopted by the City Council for any project.

D. Notice Inviting Formal Bids. A notice inviting formal bids, or notice to contractors, shall be issued and shall:

1. State the time and place for receiving and opening of sealed bids; and

2. Distinctly describe the project.

E. Mail Notice Inviting Formal Bids. The City Administrator, or designee, shall mail a notice inviting formal bids to each contractor on the contractor's list and all construction trade journals, as follows:

1. Mail to All Construction Trade Journals. A notice inviting bids shall be mailed to all construction trade journals specified by the California Uniform Construction Cost Accounting Commission.

2. Mail at Least 30 Calendar Days Before Bids are Due. The notice inviting bids shall be mailed to contractors and construction trade journals not less than 30 calendar days before bids are due.

3. Notify Additional Parties. Additional parties may be notified at the City's discretion.

F. Publish Notice Inviting Formal Bids. The notice inviting formal bids shall be published at least 14 calendar days before bids are due:

1. Publish in All Construction Trade Journals. The notice shall be published in all construction trade journals that are specified by the California Uniform Construction Cost Accounting Commission; and

2. Publish in a Newspaper Within the Jurisdiction. The notice shall be published in a newspaper of general circulation, printed and published in the jurisdiction of the City; or

3. Publish in a Newspaper of General Circulation. If no newspaper is printed and published within the jurisdiction of the City, the notice shall be published in a newspaper of general circulation which is circulated within the jurisdiction of the City; or

4. Post in at Least 3 Locations. If there is no newspaper that is circulated within the jurisdiction of the City, publication shall be made by posting the notice in at least 3 places within the jurisdiction of the City as have been designated by ordinance or regulation of the City as places for the posting of the notices.

5. Other Notice. The City may give such other notice, as it deems proper.

6. City Council Window Posting. The notice shall be posted in the City Council Chambers window or in a place the City Council deems appropriate for posting for all construction bid notices.

G. Bid Opening. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids.

(Ord. 2003-362 §1; Ord. 2020-487 §7)

A. Conditions for Use. All contracts of the City for public projects less than the amount set forth from time to time by the State Controller by California Public Contracts Code Section 22032(b) may be let to contract by informal procedures set forth in this section, in accordance with Public Contract Code Sections 22000 through 22045.

B. Notice Inviting Informal Bids. A notice inviting informal bids, or notice to contractors, shall be issued and shall:

1. State the time and place for the submission of bids; and

2. Describe the project in general terms and how to obtain more detailed information about the project.

C. Mail Notice Inviting Informal Bids. The City Administrator, or designee, shall mail a notice inviting informal bids to:

1. Mail to Each Contractor on List. Each appropriate contractor included on the contractor's list developed in accordance with the Uniform Public Construction Cost Accounting Act (Public Contract Code Sections 22000 through 22045) and maintained by the City; or

2. Mail to Each Contractor on the List and all Construction Trade Journals. Each appropriate contractor included on the contractor's list and all construction trade journals specified by the California Uniform Construction Cost Accounting Commission. It shall be the sole discretion of the public works director whether to mail the notice only to contractors, only to construction trade journals or to contractors and construction trade journals.

3. Mail to Additional Parties. Additional parties may be notified at the City's discretion.

4. Mail Notice at Least 10 Calendar Days Before Bids are Due. The notice inviting informal bids shall be mailed to contractors or construction trade journals, or both, not less than 10 calendar days before bids are due.

(Ord. 2003-362 §1; Ord. 2020-487 §7)

Public projects valued at less than the amount set forth from time to time by the State Controller by California Public Contracts Code Section 22032(a) may be performed by the employees of the local jurisdiction, by negotiated contract, or by purchase order without competitive bidding.

(Ord. 2003-362 §1; Ord. 2020-487 §7)

A. Requirement for Bid Security. Bid security shall be required for all competitive sealed bidding for construction projects when the price is estimated to exceed the amount set forth from time to time by the State Controller by California Public Contracts Code Section 22032(c). Bid security shall be a bond provided by a surety company authorized to do business in the State of California, or the equivalent in cash, or otherwise, supplied in a form satisfactory to the City. Nothing in this section shall prevent the requirement of such bonds on construction contracts under the amount set forth from time to time by the State Controller by California Public Contracts Code Section 22032(c) when the circumstances warrant.

B. Amount of Bid Security. Bid security shall be in an amount equal to at least 10% of the amount of the bid, unless otherwise specified by the City Council.

C. Rejection of Bids for Non-Compliance with Bid Security Requirements. When the invitation for bids requires security, non-compliance requires that the bid be rejected unless it is determined that the bid fails to comply only in a non-material manner with the security requirements.

D. Withdrawal of Bids. If a bidder is permitted to withdraw its bid before award as provided in subsection H (Correction or Withdrawal of Bids—Cancellation of Awards) of Section 4.04.070 (Competitive sealed bidding), no action shall be had against the bidder or the bid security.

(Ord. 2003-362 §1; Ord. 2020-487 §7)

A. Performance Bond.

1. Requirement and Amount of Performance Bond. When a public works contract is awarded in excess of the amount set forth from time to time by the State Controller by California Public Contracts Code Section 22032(c), the original contractor shall submit a performance bond satisfactory to the City, executed by a surety company authorized to do business in the State, and approved by the City Administrator, or designee, or otherwise secured in a manner satisfactory to the City, in an amount equal to 100% of the price specified in the contract. The bond shall be delivered to the City and shall become binding on the parties upon execution of the contract.

2. Reduction of Amount of Performance Bond. After notice to the City Council, the City Administrator may reduce the amount of the performance bond to 50% of the contract price when a written determination is made that it is in the best interests of the City to do so.

B. Payment Bond.

1. Requirement and Amount of Payment Bond. When a public works contract is awarded in excess of the amount set forth from time to time by the State Controller by California Public Contracts Code Section 22032(b), the original contractor shall submit a payment bond satisfactory to the City, executed by a surety company authorized to do business in the State, and approved by the City Administrator, or designee, or otherwise secured in a manner satisfactory to the City, in an amount equal to 100% of the price specified in the contract.

2. Reduction of Amount of Payment Bond. Unless otherwise authorized by law, after notice to the City Council, the City Administrator may reduce the amount of the payment bond to 50% of the contract price when a written determination is made that it is in the best interests of the City to do so.

C. Authority to Require Additional Bonds. Nothing in this section shall be construed to limit the authority of the City to require other security in addition to those bonds, or in circumstances other than specified in this section.

(Ord. 2003-362 §1; Ord. 2020-487 §7)

After reasonable notice to the person or firm involved, and reasonable opportunity for that person or firm to be heard, upon written recommendation by the City Administrator, or designee, the City Council may debar a person for cause from consideration for award of contracts. The debarment shall be for a period of not more than 3 years. The City Council may suspend a person or firm from consideration for award of contracts if there is probable cause to believe that the person or firm has engaged in any activity that might lead to debarment. The suspension shall be for a period not to exceed 3 months. The causes for debarment include:

A. Conviction of a Criminal Offense. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract;

B. Conviction of a Crime Affecting Responsibility. Conviction under State or Federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a City contractor or supplier;

C. Conviction of Violation of Anti-Trust Statutes. Conviction under State or Federal antitrust statutes arising out of the submission of bids or proposals;

D. Serious Violation of Contract Provisions. Violation of contract provisions, as set forth below, of a character which is regarded by the City Council to be so serious as to justify debarment action:

1. Failure to Perform. Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract, or

2. Recent Record of Poor Performance. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor or supplier shall not be considered to be a basis for debarment,

3. Other Causes. Any other cause the City Council determines to be so serious and compelling as to affect responsibility as a City contractor or supplier, including debarment by another governmental entity for any cause listed in this chapter, and

4. Violation of Ethical Standards. For violation of the ethical standards set forth in Section 4.05.140 (Adoption of code of ethics) of this chapter.

(Ord. 2003-362 §1; Ord. 2020-487 §8)

The City Council shall issue a written decision to debar or suspend. The decision shall state the reasons for the action taken and inform the debarred or suspended person involved of its rights concerning judicial or administrative review.

(Ord. 2003-362 §1; Ord. 2020-487 §8)

A copy of the decision required by Section 4.05.100 (Decision to debar or suspend) shall be mailed or otherwise furnished immediately to the debarred or suspended person or firm.

(Ord. 2003-362 §1; Ord. 2020-487 §8)

A decision under Section 4.05.100 (Decision to debar or suspend) shall be final and conclusive, unless the debarred or suspended person or firm within 10 days after receipt of the decision takes an appeal to the City Council or commences a timely action in court in accordance with applicable law.

(Ord. 2003-362 §1; Ord. 2020-487 §8)

A. Right to Protest. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the City Council. Protestors are urged to seek resolution of their complaints initially with the City Administrator. A protest with respect to an invitation for bids or request for proposals shall be submitted in writing prior to the opening of bids or the closing date of proposals, unless the aggrieved person did not know and should not have known of the facts giving rise to such protest prior to bid opening or the closing date for proposals. The protest shall be submitted within 10 calendar days after such aggrieved person knows or should have known of the facts giving rise thereto.

B. Stay of Procurements During Protests. In the event of a timely protest under subsection A of this section, the purchasing agent shall not proceed further with the solicitation or award of the contract until all administrative and judicial remedies have been exhausted or until the City Council makes a determination on the record that the award of a contract without delay is necessary to protect substantial interests of the City.

(Ord. 2003-362 §1; Ord. 2020-487 §8)

By adoption of this chapter, the City Council hereby adopts the following code of ethics. Every employee participating in the procurement, management, storage and use of supplies, equipment, services or construction purchased by the City for its benefit shall:

A. Be governed by the highest ideals of honor and integrity in all public and personal relationships in order to merit the respect and inspire the confidence of the City and the public being served;

B. Believe that personal profit obtained through misuse of public and personal relationships is dishonest and not tolerable;

C. Identify and eliminate participation in operational situations where a conflict of interest may be involved;

D. Believe that employees of the City should at no time or under any circumstances accept directly or indirectly, gifts, gratuities, or other things of value from suppliers, which might influence or appear to influence purchasing decisions;

E. Keep the City Administrator informed, through appropriate channels, on problems and progress of applicable procurement operations by emphasizing the importance of the facts;

F. Neither seek nor dispense personal favors. Handle each procurement problem objectively without discrimination;

G. Subscribe to and support the aims and objectives of the City.

(Ord. 2003-362 §1; Ord. 2020-487 §8)