Article II — PUBLIC PROJECTS

SEC. 4-16. UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT.

The city council, pursuant to Resolution No. 10695, passed in 1994, elected to subject the city to the Uniform Public Construction Cost Accounting Act (Cal. Pub. Con. Code, Sections 22000 et seq.) in the performance of public projects. The procedures contained in this chapter are intended to implement and be consistent with such Act.

(Ord. No. 3053)

SEC. 4-17. PUBLIC PROJECTS.

(A) "Public project" means any of the following:

(1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, installation, and repair work involving any publicly owned, leased, or

operated facility.

(2) Painting or repainting of any publicly owned, leased, or operated facility.

(3) In the case of a publicly owned utility system, "public project" shall include only the construction, erection, improvement, or repair of darns, reservoirs,

powerplants, and electrical transmission lines of 230,000 volts and higher.

(B) "Public project" does not include maintenance work. For purposes of this section, "maintenance work" includes the items identified in Section4-2(P) and all of the following:

(1) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.

(2) Minor repainting.

(3) Resurfacing of streets and highways at less than one inch.

(4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.

(5) Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs,

powerplants, and electrical transmission lines of 230,000 volts and higher.

(C) For purposes of this article, "facility" means any plant, building, structure, ground facility, utility system, subject to the limitation found in subsection (A)(3), real property, streets and highways, or other public work improvement.

(Ord. No. 3053)

SEC. 4-18. INFORMAL BIDDING PROCEDURE.

(A) Public projects over $75,000, but less than $220,000 shall be let to contract by informal bidding procedures as set forth in Cal. Pub. Con. Code, Section 22034et seq.

(B) A list of contractors shall be developed and maintained in accordance with the provisions of Cal. Pub. Con. Code, Section 22034 and criteria promulgated from time to time by the California Public Construction Cost Accounting Commission.

(C) Notice inviting informal bids.

(1) Where a public project is to be performed which is subject to the provisions of this section, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed by the designated representative of the purchasing agent, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Cal. Pub. Con. Code, Section 22035. Additional contractors and or construction trade journals may be notified at the discretion of the designated representative of the purchasing agent soliciting bids, provided however:

(a) If there is no list of qualified contractors maintained by the designated representative of the purchasing agent for the particular category of work to be

performed, the notice inviting bids shall be sent only to the construction trade journals specified by the commission.

(b) 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.

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

(E) The authority to award informal contracts is pursuant to the city manager's authority or his/her delegation of authority as stated in Section4-3(A).

(F) If all bids received are in excess of $220,000, the city council may by adoption of a resolution by a four-fifths vote, award the contract, at $235,000 or less, to the lowest responsible bidder, if it determines the cost estimate of the public works department was reasonable.

(Ord. No. 3053)

SEC. 4-19. FORMAL BIDDING PROCEDURE.

(A) Public projects over $220,000 shall be let to contract by formal bidding procedures as set forth in Cal. Pub. Con. Code, Section 22037et seq.

(B) Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.

(C) The notice shall be published at least 14 calendar days before the date of opening the bids.

(D) The notice shall be published in a newspaper of general circulation, printed and published in the jurisdiction of the public agency;

(1) If there is no newspaper printed and published within the jurisdiction of the public agency, in a newspaper of general circulation which is circulated within the

jurisdiction of the public agency;

(2) If there is no newspaper that is circulated within the jurisdiction of the public agency, publication shall be by posting the notice in at least three places within the

jurisdiction of the public agency as have been designated by ordinance or regulation of the public agency as places for the posting of its notices.

(E) The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified in Cal. Pub. Con. Code, Section 22037.

(F) The notice shall be sent at least 15 calendar days before the date of opening the bids. In addition to notice required by this section, the public agency may give such other notice as it deems proper.

(G) The authority to award formal contracts is pursuant to the city council's authority or delegation of authority as stated in Section4-3(B) and (C).

(Ord. No. 3053)

SEC. 4-20. TIER 1 PUBLIC PROJECTS.

(A) A public project valued at or less than $75,000, pursuant to Cal. Pub. Con. Code, Section 22032(a), as may be changed from time to time, may be performed by force account, by negotiated contract, or by purchase order.

(B) The public works director or city manager may each award, and the purchasing agent may execute, such a contract.

(C) All Tier 1 public projects shall be listed on the city's e-procurement website and notice of these projects shall be sent to the city's list of qualified contractors, established pursuant to Section 4-18(B), in addition to any other contractors that the city may send notice to and in the event of multiple responses from contractors to Tier 1 public projects, the project shall be awarded to the contractor that is responsive and responsible and offering the lowest price.

(Ord. No. 3053)

SEC. 4-21. TIER 2 PUBLIC PROJECTS.

(A) A public project valued at or between $75,000 to $220,000, pursuant to Cal. Pub. Con. Code, Section 22032(b), as may be changed from time to time, shall be bid out using the informal bidding procedures contained in Section 4-18 of this article.

(B) The public works director may award Tier 2 public project contracts up to $100,000; the city manager may award, and the purchasing agent may execute, any Tier 2 public project contract.

(C) In accordance with Section 4-18(F) of this article, in the event that all bids are in excess of $220,000, the city council may award the public project contract at $235,000 or less to the lowest responsible bidder if it determines the cost estimate of the public works department was reasonable.

(D) All Tier 2 public projects shall be let to the lowest responsive and responsible bidder.

(Ord. No. 3053)

SEC. 4-22. TIER 3 PUBLIC PROJECTS.

(A) A public project valued at or in excess of $220,000, pursuant to Cal. Pub. Con. Code, Section 22032(c), as may be changed from time to time, shall let to contract using the following formal bidding procedures contained in Section 4-19 of this article.

(B) The city engineer shall adopt plans, specifications and working details for all Tier 3 public projects.

(C) The city council may award Tier 3 public projects, and authorize the mayor to execute any Tier 3 public project contract.

(D) All Tier 3 public projects shall be let to the lowest responsive and responsible bidder.

(Ord. No. 3053)

SEC. 4-23. WAIVER OF IRREGULARITIES.

When it is in the best interests of the city to do so, the purchasing agent or their designee shall have the discretion to waive any minor irregularities in any bid process described in this article.

(Ord. No. 3053)

SEC. 4-24. REJECTING ALL BIDS.

The purchasing agent or their designee may after the first request for bids reject all bids.

(Ord. No. 3053)

SEC. 4-25. BONDS.

In awarding a contract involving an expenditure in excess of $25,000, as stated in Cal. Civil Code, Section 9550, the city shall require both faithful performance and payment bonds, each in the amount of 100% of the contract price, as required by Cal. Civil Code, Section 9554. Such bonds shall be issued by an admitted surety insurer.

(Ord. No. 3053)

SEC. 4-26. PUBLIC PROJECT CONTRACTS AND PREVAILING WAGE.

Any public project subject to this article, and valued over $1,000, as required by to Cal. Labor Code, Section 1771, shall be made by contract and subject to the general prevailing wage rate as set forth by the department of industrial relations.

(Ord. No. 3053)

SEC. 4-27. CHANGE ORDERS.

The public works director may approve and execute any change order issued on a public project that is approved as to form by the city attorney and does not exceed the aggregate value of the project and contingency contract amount for Tier 1, 2 and 3 public projects. Any change order that exceeds the public works director's authority described herein or increases the aggregate value of the project and contingency shall require city manager or city council approval.

(Ord. No. 3053)

SEC. 4-28. BRAND OR TRADE NAMES.

(A) In accordance with Cal. Pub. Con. Code, Section 3400, the city, for all public projects subject to this article, shall not draft or cause to be drafted specifications for bids, in connection with the construction, alteration, or repair of public works that limit the bidding, directly or indirectly, to any one specific concern, or call for a designated material, product, thing, or service by specific brand or trade name unless the specification is followed by the words "or equal" so that bidders may furnish any equal material, product, thing, or service.

(B) The city shall, if aware of an equal product, name that product in the specification.

(1) The specification shall provide a period of time prior to or after, or prior to and after, the award of the contract for submission of data substantiating a request for

a substitution of "an equal" item.

(2) If no time period is specified, data may be submitted any time within 35 days after the award of the contract.

(C) Subsection (B) is not applicable if the awarding authority, or its designee, makes a finding that is described in the invitation for bids or request for proposals that a

particular material, product, thing, or service is designated by specific brand or trade name for any of the following purposes:

(1) In order that a field test or experiment may be made to determine the product's suitability for future use.

(2) In order to match other products in use on a particular public improvement either completed or in the course of completion.

(3) In order to obtain a necessary item that is only available from one source.

(4) In order to respond to an emergency declared by a local agency, but only if the declaration is approved by a four-fifths vote of the governing board of the local

agency issuing the invitation for bid or request for proposals.

(5) In order to respond to an emergency declared by the State, a State agency, or political subdivision of the State, but only if the facts setting forth the reasons for the finding of the emergency are contained in the public records of the authority issuing the invitation for bid or request for proposals.

(Ord. No. 3053)

SEC. 4-29. NO BIDS RECEIVED.

If no bids are received through the formal or informal bidding procedure, the project may be performed by force account, or negotiated contract without further complying with this article.

(Ord. No. 3053)

SEC. 4-30. EMERGENCIES.

(A) 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. The work may be done by day labor under the direction of the city, by contractor, or by a combination of the two.

(B) In case of an emergency, if notice for bids to let contracts will not be given, the public agency shall comply with the requirements in Cal. Pub. Con. Code, Section 22050 as follows:

(1) In the case of an emergency, the city council, pursuant to a four-fifths vote of its members, may repair or replace a public facility, take any directly related and

immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.

(2) Before the city council takes any action pursuant to subsection (B)(1), it shall make a finding, based on substantial evidence set forth in the minutes of its

meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency.

(3) If the city council orders any action specified in subsection (B)(1) the city council shall review the emergency action at its next regularly scheduled meeting and,

except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action.

(4) The city council, by a four-fifths vote, herein has delegated authority to the city manager or in his/her absence the public works director to order any action

pursuant to subsection (B)(1).

(5) If the city manager or public works director orders any action specified in subsection (B)(1), that person shall report to the governing body, at its next meeting

required pursuant to this section, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency.

(6) If the city manager or public works director orders any action specified in subsection (B)(1), the city council shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless the city manager or public works director has terminated that action prior to the governing body reviewing the emergency action and making a determination pursuant to this subsection.

(7) When the governing body reviews the emergency action pursuant to subsection (B)(3) or (B)(5), it shall terminate the action at the earliest possible date that

conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.

(Ord. No. 3053)

SEC. 4-31. DESIGN BUILD PROJECTS.

(A) The city council, pursuant to Resolution No. 15749, passed in October 2023, authorized the city to procure design-build projects for construction of building or buildings, and improvements directly related to the construction of a building or buildings, wastewater facilities, solid waste management facilities, water recycling facilities, transit facilities, and park and recreational facilities, in excess of $1,000,000, in conformance with Cal. Pub. Con. Code, Sections 22160 through 22169, and adopted a design-build conflict of interest policy that is applicable to all design-build entities. The procedures contained in this section are intended to implement and be consistent with the Public Contract Code.

(B) Procurement process for design-build projects.

(1) The city shall prepare a set of documents setting forth the scope and estimated price of the project. The documents may include any information deemed

necessary to describe adequately the city's needs for the project. The performance specifications and any plans shall be prepared by a design professional who is duly licensed and registered in California.

(2) The city shall prepare and issue a request for qualifications in order to prequalify the design-build entities whose proposals shall be evaluated for final selection.

The criteria used to prequalify entities shall be those requirements as stated in Cal. Pub. Con. Code, Section 22164(b)(1) through (b)(4) inclusive; and (c)(1) through (c) (3) inclusive.

(3) The city shall prepare a request for proposals, based on the documents set forth in subsection (B)(1) above, that invites prequalified design-build entities to

submit competitive sealed proposals in the manner prescribed by the city in accordance with Cal. Pub. Con. Code, Section 22164(d) through (f) inclusive. The request for proposals shall include at a minimum:

(a) Identification of the basic scope and needs of the project or contract, the estimated cost of the project, the methodology that will be used by the local agency to evaluate proposals, whether the contract will be awarded on the basis of low bid or best value, and any other information deemed necessary by the city to inform interested parties of the contracting opportunity.

(b) Significant factors that the city reasonably expects to consider in evaluating proposals, including, but not limited to, cost or price and all non price-related

factors.

(c) The relative importance or the weight assigned to each of the factors identified in the request for proposals.

(d) Where a best value selection method is used, the local agency may reserve the right to request proposal revisions and hold discussions and negotiations with

responsive proposers, and include in the proposal the applicable procedures to be followed by the city to ensure discussions and negotiations are conducted in good faith.

(4) If the city utilizes low bid as the final selection method, the competitive bidding process shall result in lump-sum bids by the prequalified or short-listed design-

build entities, and awards shall be made to the design-build entity that is the lowest responsible bidder.

(5) For those projects utilizing best value as a selection method, the design-build competition shall progress as follows:

(a) Competitive proposals shall be evaluated by using only the criteria and selection procedures specifically identified in the request for proposals. The following

are the minimum factors, to be included in the evaluation by the city:

(b) Price, unless a stipulated sum is specified.

(c) Technical design and construction expertise.

(d) Life-cycle costs over 15 or more years.

(e) Pursuant to subsection (B)(3)(d) above, the city may hold discussions or negotiations with responsive proposers using the process articulated in the city's

request for proposals.

(6) When the evaluation is complete, the responsive proposers shall be ranked based on a determination of value provided, provided that no more than three

proposers are required to be ranked.

(7) The award of the contract shall be made to the responsible design-build entity whose proposal is determined by the city to have offered the best value to the

public.

(C) The design-build entity that is awarded the contract shall provide payment and performance bonds in the amount required by the city as stated in the solicitation.

(D) The design-build entity that is awarded the contract shall comply with the city's insurance requirements and shall have errors and omissions insurance coverage for the design elements of the project.

(Ord. No. 3053)