Suisun City Municipal Code Ch. 3.36 Public Projects

Footnotes:

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Editor's note— Ord. No. 766, § 1, adopted Feb. 4, 2020, repealed the former Ch. 3.36, §§ 3.36.010—3.36.050, and enacted a new Ch. 3.36 as set out herein. The former Ch. 3.36 pertained to informal bidding procedures under the Uniform Public Construction Cost Accounting Act, and derived from Ord. No. 631 § 1(part), 1996.

This chapter is to provide standardized procedures for awarding contracts for public projects in conformance with the Uniform Public Construction Cost Accounting Act.

(Ord. No. 766, § 1, 2-4-2020)

The following definitions shall govern the construction of this chapter:

"Level 1 projects" shall mean public projects below the monetary threshold of subdivision (a) of Section 22032 of the Public Contract Code, as it may be amended from time to time by the State Controller or the State Legislature.

"Level 2 projects" shall mean public projects below the monetary threshold of subdivision (b) of Section 22032 of the Public Contract Code, as it may be amended from time to time by the State Controller or the State Legislature.

"Level 3 projects" shall mean public projects below the monetary threshold of subdivision (c) of Section 22032 of the Public Contract Code, as it may be amended from time to time by the State Controller or the State Legislature.

"Public project" shall be defined as that term is defined in Section 22002 of the California Public Contract Code, or any successor statute thereto.

"Uniform Public Construction Cost Accounting Act" means the procedures and regulations set forth in Chapter 2, commencing with Section 22000, to Part 3 of Division 2 of the California Public Contract Code or any successor act thereto.

(Ord. No. 766, § 1, 2-4-2020)

This section shall govern the procedures for bidding all contracts to perform public projects, including any associated purchase of goods and supplies for such projects. Projects funded by federal, state, or local grants shall be awarded pursuant to the more restrictive bidding requirements.

A. Level 1 projects may be awarded by negotiated contract or by purchase order without competitive bidding.

B. Level 2 projects may be let to contract by the informal bid procedures set forth in this subsection. All level 2 projects shall require competitive oral or written bidding procedure for a public project is in the best interest of the city. If the director determines that a competitive oral bidding procedure for a public project is in the best interest of the city, the director may solicit oral bids as provided pursuant to subsection 1. below. Otherwise, the director shall require competitive written bids as provided in subsection 2. below. The director may waive the requirement to solicit bids if performance of the public project is available from only one source and may solicit only two bids if performance of the public project is available from only two sources.

1. Oral Bids.

a. Bids shall be orally solicited from a minimum of three sources and may be received orally. The person who solicits the bids shall prepare a memorandum to the file documenting the identity of the bidders and the amount of the bids that were obtained.

b. The contract shall be awarded to the lowest responsible bidder only if the director determines that such action is in the best interest of the city. The city may reject all bids, or waive any irregularities or informalities in any bid or bidding.

2. Written Bids.

a. Bid specifications shall be prepared and a notice inviting informal bids shall be disseminated to a list of at least three prospective bidders in accordance with subsection 4. below.

b. Bids shall be submitted in writing and must be received prior to the bid closing date to be considered.

c. The contract shall be awarded to the lowest responsible bidder only if the director determines that such action is in the best interest of the city. The city may reject all bids, or waive any irregularities or informalities in any bid or bidding.

3. Contractors List. The city shall develop and maintain a list of contractors, identified according to categories of work, in accordance with the provisions of Section 22034 of the California Public Contract Code, or any successor statute thereto, and the criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

4. Notice Inviting Informal Bids. At least ten calendar days prior to the date informal bids are due, the city shall mail a notice inviting informal bids to all contractors from the applicable category of work to be bid, as shown on the contractors list developed in accordance with subsection 3. above, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the California Public Contract Code, or any successor statute thereto. Said notice shall describe the project in general terms, shall clearly indicate how to obtain more detailed information about the project, and shall set forth the time and place for the submission of bids.

5. If all bids received are in excess of the amount set forth in subdivision (c) of Section 22032 of the Public Contract Code, the city council may, by adoption of a resolution by a four-fifths vote, award the contract, up to the amount set forth in subdivision (d) of Section 22034 of the Public Contract Code, to the lowest responsible bidder, if the council determines the cost estimate of the city was reasonable. If all bids received are in excess of the amount set forth in subdivision (c) of Section 22032 of the Public Contract Code, the city council may, by adoption of a resolution by a four-fifths vote, award the contract, at the amount set forth in subdivision (d) of Section 22034 of the Public Contract Code, to the lowest responsible bidder, if the council determines the cost estimate of the city was reasonable.

C. Level 3 projects shall, except as otherwise provided by B.5. above, be let to contract by the formal bidding procedures set forth in this subsection.

1. Bid Specifications. For all public projects that must be let pursuant to level 3 procedures, bid specifications shall be prepared, and notices inviting sealed bids shall be disseminated to at least three prospective bidders approved by the director. In addition, bid plans and working details shall be formally adopted by the city council for all public projects in accordance with the requirements of Section 22039 of the Public Contract Code or any successor statute thereto.

2. Notice Inviting Formal Bids. The city shall publish and mail a notice inviting sealed formal bids in accordance with the provisions of California Public Contract Code Section 22037, or any successor statute thereto.

3. Receipt of Bids. Bids shall be sealed, and shall not be opened until the time and place designated in the bid specifications. Bids must be received prior to the bid opening to be considered.

4. The city council shall award the bid to the lowest responsible bidder, or reject all bids pursuant to Public Contract Code Section 22038, or its successor statute. The city council may waive any irregularities or informalities in any bid or bidding.

5. The city council may waive the procedures required by this subsection if the city council determines that performance of the public project is available only from a single source and may send a notice inviting bids to only two prospective bidders if the council determines that performance of the public project is available from only two sources.

(Ord. No. 766, § 1, 2-4-2020)

A. Bid security shall be required as a condition of submitting a written bid unless deemed unnecessary by the director.

B. If a bidder is awarded a bid and then fails or refuses to execute a written contract with the city, the city may award the bid to the next lowest responsible bidder. If the bid is awarded to the next lowest responsible bidder under these circumstances, the amount of the lower bidder's bid security shall be applied by the city to the purchase or contract price differential between that bidder and the next lowest responsible bidder, and the remainder, if any, shall be returned to the lower bidder.

(Ord. No. 766, § 1, 2-4-2020)

Oral interpretation of written bid specifications shall not be made to prospective bidders. If a prospective bidder discovers discrepancies or omissions in any specification, or if the bidder is in doubt as to the meaning of any specification, the bidder shall request a written interpretation or modification from the city. If interpretations or modifications are deemed necessary, the city will then issue a written addendum to all parties known to have received copies of the specifications.

(Ord. No. 766, § 1, 2-4-2020)

A. Emergency. If an emergency situation requires that a public facility be repaired or replaced to permit the continued conduct of the operation or services of the city or to avoid danger to life or property, the city council may proceed to replace or repair the facility in accordance with the provisions of Section 22035 of the California Public Contract Code or any successor statute thereto.

B. Any other bidding exemption permitted by law.

(Ord. No. 766, § 1, 2-4-2020)

A. Any alteration to, amendment of, or deviation from an awarded purchase order or contract as to scope, cost, time for completion, material, or equipment furnished as a part of the purchase order or contract, or any alteration to, amendment of, or deviation from the nature of work to be performed, shall require the completion and issuance of a change order or amendment. Additions to work cannot be combined with deletions to work to avoid the change order or amendment requirement.

B. The change order or amendment shall be approved and executed by the person or body that, pursuant to Section 3.36.030 (Bid Requirements), would have authority to approve and execute a purchase for the combined amount of the original contract and the change order or amendment. No change order or amendment shall be binding on the city until approved as provided herein.

C. Change orders shall be issued only if all the following conditions are met:

1. The change order arises in good faith out of an unknown condition or unforeseen circumstance differing materially from the conditions of the purchase or contract, or, alternatively, the change order arises due to an error in the city's specifications that accompanied the invitation for bids.

2. The change order is reasonably related to the scope of work authorized under the original contract.

3. The amount of the change order is within an authorized contingency amount.

4. The change order shall be in accordance with the most current edition of the "Standard Specifications for Public Works Construction," and/or Cal-Trans standards and/or LA County standards.

D. Contract Amendments. Any alteration to, amendment of, or deviation from a contract as to scope, cost, time for completion, material, or equipment furnished as a part of the contract, or any alteration to, amendment of, or deviation from the nature of work to be performed, that does not meet all the requirements of Subsection C. above shall require an executed contract amendment. Examples requiring an executed contract amendment include, but are not limited to, an expansion of the scope of work, contract term extension, and an increase in compensation not previously authorized by the purchasing agent or city council, as applicable.

(Ord. No. 766, § 1, 2-4-2020)