Pomona Municipal Code § 2-1005 Professional services for all capital improvement plan (CIP) projects

This article responds to the provisions of California Public Contract Code Section 1100.7 by affirmatively exempting the city from the requirements of the Public Contract Code, except to the extent the city has expressly adopted one or more provisions of the Public Contract Code pursuant to the City Charter, this code, council resolution or other council action, or express terms of a city contract. Performance of city public works projects in accordance with the procedures referenced in this division to article 3 of the Public Contracts Code (Public Contracts Code § 22030 et seq.) is for the sole purpose of establishing project thresholds, which are consistent with the amounts set forth in such article and as may be amended. Such reference to article 3 of the Public Contracts Code (Public Contracts Code § 22030 et seq.) shall not constitute an election by the city because, subject to either the uniform construction cost accounting procedures or the bidding procedures set forth in such article.

(Ord. No. 4276, § 3, 1-6-2020)

(a) Public projects for the amount defined in Public Contracts Code § 22032(a) or less may be performed by the employees of a public agency, by negotiated contract, or by purchase order.

(b) Public projects for the amount defined in Public Contracts Code § 22032(b) or less may be let to contract by informal procedures as set forth in this article.

(c) If all bids received are in excess of the amount defined under Public Contracts Code § 22032(c), the governing body of the public agency may, by adoption of a resolution by a four-fifths vote, award the contract, up to the amount defined under Public Contracts Code § 22034(f), to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable.

(d) The aggregate of all change orders for a project awarded by informal procedures set forth in this section shall not exceed 25 percent of the total value of the project as outlined in the Capital Improvement Program plan nor cause it to exceed the informal limit as defined in Public Contracts Code § 22032(b).

(1) Authority of public works director and water resources director for plans, specifications and working details. The city council hereby delegates to the public works director and water resources director authority to prepare and adopt plans, specifications and working details for all informal contracts and directs the public works director to develop plans, specifications and working details necessary to enable a qualified contractor to perform the work required for each informal contract awarded.

(2) Maintenance and use of list of qualified contractors. The public works director shall develop a list of qualified contractors eligible to submit bids on informal contracts awarded by the city.

(3) Procedure for award of contracts. At the time provided in the notice inviting informal bids, the public works director shall open all bids. Electronic submittals shall be opened electronically. If two or more bids are the same and lowest, the contract will be awarded by the equal bidders drawing lots. If no bids are received, the public works director may solicit informal bids again or perform the work with city forces as the director determines to be in the best interest of the city.

(4) City manager authority to award contracts. The city council hereby delegates the authority to award informal contracts, in accordance with this division, to the city manager or designee.

(Ord. No. 4276, § 3, 1-6-2020)

This article shall apply to procurements estimated in excess of the amount provided under the Public Contracts Code § 22032(c), which may be amended from time to time for public works projects.

(1) The city manager shall designate the public works director and the water resources director, as city contracting officer who shall function as the contracting agent for all public works projects to be let through public bidding in accordance with the following formal procedure:

a. Specifications. All specifications shall be drafted so as to promote overall economy for the purpose intended and to encourage open competition in satisfying the city's needs. Specifications shall not be unduly restrictive.

b. Bid splitting. It shall be expressly forbidden to split or separate into small projects any public works project for the purpose of evading this section.

c. Notice inviting formal bids. The notice inviting bids shall set a date, time, and place for the opening of bids and distinctly state the nature and scope of the project. The notice shall be posted on the city's website and electronic bid board(s) and in at least one public place in the city that has been designated for the posting of public notices at least ten days before the date of opening the bids.

d. Bidders' list. The contracting officer shall electronically notify bidders who have shown interest in city solicitations.

e. Bidders' security. All public project bids shall be presented to the designated contracting officer under sealed cover and accompanied by one of the following forms of bidders' security of an amount not less than ten percent of the amount bid or such other amount as may be set forth in Public Contract Code Section 20171, as may be amended from time to time:

1. Cashier's check made payable to the city;

2. Certified check made payable to the city; or

3. A bidder's bond, executed by an admitted surety insurer, made payable to the city. If the successful bidder fails to execute the contract, the amount of bidder's security shall be forfeited to the city.

f. Bid opening procedure. The method of submittal shall be electronic or paper. Bids shall be opened in public at the time and place stated in the public notice. Bids submitted electronically through a bid management system will be opened electronically. Sealed paper bids shall be delivered to the procurement department. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.

g. Award of contract. Bids shall be awarded by the city council to the lowest responsive and responsible bidder except as otherwise provided in this code. Bids containing a base bid and one or more additive alternates shall be totaled and awarded to the lowest responsive and responsible bidder for the base bid and any additive alternate recommended.

h. Award to next lowest bidder. The city council may, on refusal or failure of the successful bidder to execute the full terms of the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the second lowest responsive and responsible bidder, the amount of the lowest bidder's security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder if cash or a check is used or to the surety on the bidder's bond if a bond is used.

i. Rejection of bids. In its discretion, the city council may reject any and all bids, accept or reject any one or more items of a bid, or waive any irregularities or informalities in the bids or the bidding process if to do so is deemed to best serve the interests of the city. Upon rejection of the bids, the city may elect to re-advertise for bids pursuant to the procedure described in this article.

j. Record of bids. The city clerk shall keep a record of all public works projects bid submittals in accordance with the city's records retention schedule.

k. Insurance and bonds. The contractor shall not commence work until they have procured and given satisfactory proof of insurance and bonds as specified in the Procurement Policies and Procedures Manual.

l. Change orders. Provided the funding for a public project contract has been previously approved and the expenditure of funds authorized by the city council, the city manager shall have the authority to execute change orders for any contract in an amount not to exceed 25 percent of the amount of the original contract.

(Ord. No. 4276, § 3, 1-6-2020)

Purpose and intent. Design-build means a procurement process in which both the design and construction of a project are procured from a single entity. Design-build also includes projects where in addition to design and construction, other functions may be added including, but not limited to, construction management, inspection, soils/materials testing financing, operating and/or maintenance.

(Ord. No. 4276, § 3, 1-6-2020)

(a) Procurement of professional services for all CIP projects set forth in the city's capital improvement plan including technology and software projects. Procurements for professional services for CIP projects shall follow the thresholds as set forth in the Public Contract Code (PCC) for informal and formal procedures.

(b) Selection. Professional services related to CIPs shall be on the basis of demonstrated competence on the professional qualifications necessary for the satisfactory performance of the services required. Upon compiling a list of pre-qualified consultants, projects may be awarded on a rotating basis so as to best serve the needs of the city, with the intent to ensure that all pre-qualified consultants on the approved list are provided a fair opportunity to earn city business. The process for consultant selection shall be set forth in the procurement policies and procedures manual.

(c) Award. The city manager shall have the authority to approve, award and execute informal agreements; the city council shall approve and award formal agreements, and may delegate authority to the city manager to execute formal agreements after city council award.

(d) Amendments. Amendments to informal agreements that will not cause the total cost to exceed the informal amount as set forth in the PCC § 22032(b), shall be approved and executed by the city manager. Amendments that exceed the threshold of the PCC require approval of the city council, and may delegate authority to the city manager to execute the amendment after city council approval.

(Ord. No. 4276, § 3, 1-6-2020)

In order for the city to receive state funds or financial assistance for a public works project it must comply with state prevailing wage requirements on local construction projects.

(Ord. No. 4276, § 3, 1-6-2020)

As an alternative to the informal and formal bidding procedure outlined in this division for public works projects, and as long as the contracting officer/purchasing officer determines the public works project can be procured using a cooperative purchase agreement (e.g., through Sourcewell/NJPA - National Joint Powers Alliance, General Services Administration—GSA, or other similar agencies) and such agencies have performed public noticing/bidding processes, the Contracting officer/purchasing officer is authorized to utilize such cooperative agreements with the State of California, Counties, other cities and other governmental agencies and organizations for noticing and bidding public work projects (informal and formal) to save costs by streamlining implementation of public works projects for the city.

(Ord. No. 4366, § 3, 3-2-2026)

In case of any great public calamity, such as an extraordinary fire, flood, storm, epidemic, or other disaster, the city council may, by resolution passed by a four-fifths vote of all its members declare and determine that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property, and thereupon proceed to expend or enter into a contract involving the expenditure of any sum needed in such emergency without observance of the provisions requiring contracts, bids, or notice. The contracting officer shall comply with the requirements set forth in Section 22050 of the Public Contracts Code.

(Ord. No. 4276, § 3, 1-6-2020)

In the aftermath of a disaster resulting in a disaster declaration by the President of the United States, the Federal Emergency Management Agency (FEMA) provides grant funding to local government entities to assist them with recovering from an event. Local governments are generally referred to as "Subrecipients" because they receive grant funds through the state. Subrecipients must comply with the federal procurement standards to ensure their procurements are eligible for federal grant funding.

(Ord. No. 4276, § 3, 1-6-2020)