Tracy Municipal Code Art. 5 Public Projects Subject to the California Public Contract Code

The term "public project" is defined in subsection 2.20.030(j). (Ord. 1039 § 2 (part), 2002)

(Ord. No. 1380, 2-3-2026)

The City Engineer is authorized to approve project design and plans before the City seeks bids on a project. (Reference: Gov't. Code §§ 830, 835.)

(Ord. No. 1380, 2-3-2026)

(a) The City Council authorizes and approves the following bidding procedures for public projects:

(1) Informal and formal bidding procedures. Public projects, as defined by California Public Contract Code section 22002 and in accordance with the monetary limits described in California Public Contract Code section 22032 (as amended from time to time by the California Uniform Construction Cost Accounting Commission) shall be let to contract by procedures described in California Public Contract Code section 22030 et seq. For negotiated contracts or purchase orders for public projects falling within the monetary limits of subsection (a) of California Public Contract Code section 22032, the local vendor preference provisions of Section 2.20.230 shall apply.

(2) Procedures not established by the act. When the act does not establish a procedure for bidding public projects, the procedure described in California Public Contract Code section 20160 et seq. shall govern.

(3) Award to low bidder; no bids. Except as otherwise set out in Chapter 2.20, all contracts must be awarded to the lowest responsible bidder. If two (2) or more bids are the same and lowest, the City may accept the one it chooses. When no bids are received, the City may perform public projects with City employees or through a negotiated contract without further complying with this Code section.

(4) Notice inviting informal bids. When a public project which is anticipated to fall within the monetary limits on informal bids described in California Public Contract Code section 22032 (as amended from time to time by the Commission) is to be performed, the City shall prepare a notice of the opportunity to bid which describes the project in general terms, states the time and place for the submission of bids and describes how to obtain more detailed information about the project. The City shall mail the notice to all construction trade journals as specified by the Commission in accordance with California Public Contract Code section 22036. Other contractors and/or construction trade journals may also be notified at the discretion of the department soliciting bids. Mailing shall be completed at least ten (10) days before bids are due.

(5) Award of informally bid contracts. The City Manager is authorized to award informally bid contracts as defined in California Public Contract Code section 22032.

(6) Bids exceed informal bidding limit. If all informal bids received exceed the monetary limits on informal bids described in California Public Contract Code section 22032 (as amended from time to time by the Commission) and the City determines that the cost estimate was reasonable, the City may award the contract at up to the limit described in California Public Contract Code section 22034, subdivision (d), by resolution approved by a four-fifths (⅘) vote of the City Council.

(7) Bid documents for formal bids. The City Council shall adopt plans, specifications and working details for all public projects which are anticipated to fall outside the monetary limits on informal bids described in California Public Contract Code section 22032 (as amended from time to time by the Commission).

(8) Notice inviting formal bids. When a public project which is anticipated to fall outside the monetary limits on informal bids described in California Public Contract Code section 22032 (as amended from time to time by the Commission) is to be performed, the City shall publish a notice inviting formal bids in a newspaper of general circulation as described in California Public Contract Code section 22037. The notice shall also be mailed to all construction trade journals as specified by the Commission in accordance with California Public Contract Code section 22036. Other contractors and/or construction trade journals may also be notified, at the discretion of the department soliciting bids. Mailing shall be completed at least thirty (30) days before bids are due.

(9) Proprietary product or service. Notwithstanding subsections (3) and (6), if the product or service is proprietary in nature, such that it can be legally obtained only from a certain contractor(s) pursuant to California Public Contract Code section 3400, the notice inviting informal bids may be sent exclusively to such contractor(s).

(10) Rejection of bids; resolicitation; use of City employees. If the City intends to reject all bids, it must mail the apparent low bidders a written notice of the City's intent to reject the bid at least two (2) business days prior to the hearing at which the bids will be considered.

(11) After rejecting the bids, the City may:

(i) Abandon the project;

(ii) Re-advertise the project; or

(iii) Perform the work with City employees, after passing a resolution by a four-fifths (⅘) majority of the City Council declaring that the project can be performed more economically by City employees.

(b) Uniform cost accounting procedures. Whenever the City uses its own employees to perform a public project valued at or less than the monetary limit described in California Public Contract Code section 22032 (as amended from time to time by the Commission) it must implement the Uniform Construction Cost Accounting Policies and Procedures described in California Public Contract Code sections 22042 et seq. and the Commission's Policies and Procedures Manual.

(Ord. No. 1380, 2-3-2026)

Notwithstanding the requirements of Section 2.20.260, for building construction projects in excess of One Million Dollars and no/100ths ($1,000,000.00), the design-build process set forth in section 22162 of the California Public Contract Code may be used.

(Ord. No. 1380, 2-3-2026)

(a) Emergencies. Emergency work necessary to respond to an emergency as defined in this chapter is exempt from formal bidding requirements and instead is subject to the requirements set forth in California Public Contract Code sections 20168 and 22050. The City Manager is authorized to 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. The City Manager shall report to the City Council, at its next regular meeting, 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. Emergency public projects shall be made by contract, purchase order, invoice, or other written purchase documentation approved as to form by the City Manager and City Attorney. (Reference: California Public Contract Code sections 20168, 22035, and 22050 and Government Code section 8630.)

(b) Sole source bids. If a contract is for a unique product available from only one source so that competitive bidding would be meaningless, the City may enter into a contract without formal bidding. For this exception to apply, the City Council must approve the contract by a resolution which includes findings as to why the product is unique and only one source exists.

(c) Personal and professional services. Services of lawyers, architects, engineers, land surveyors, artists, accountants, consultants, and similar professionals are exempt from competitive bidding requirements under the California Public Contract Code and instead subject to the requirements of Article 3 of this chapter.

(Ord. No. 1380, 2-3-2026)

(a) Purpose. This section is enacted pursuant to California Public Contract Code section 20101, which authorizes the City to establish a system for prequalification of prospective bidders on public works construction projects.

(b) Prequalification of bidders.

(1) The City hereby establishes a system for prequalification of prospective bidders for public works construction projects in excess of the monetary limits described in California Public Contract Code section 22032 (as amended from time to time by the California Uniform Construction Cost Accounting Commission). The City may use the prequalification system identified in this section for any public works project that exceeds the monetary limits described in California Public Contract Code section 22032 (as amended from time to time by the California Uniform Construction Cost Accounting Commission).

(2) The City Engineer or designee is authorized to adopt and apply a uniform system of rating bidders for each project based on:

(i) the requirements of California Public Contract Code section 20101; and

(ii) the model guidelines and standardized questionnaire created by the State of California Department of Industrial Relations, as modified at the City Engineer's discretion to address the needs of the particular project, or projects, to which they are to be applied.

(3) 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, or require significant specialized experience or expertise, unless the City Engineer or designee determines that it is in the best interests of the City to forgo 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 forgo prequalification of prospective bidders on a particular project, the City Engineer's or designee's decision shall be supported by one or more of the following reasons:

(i) Prequalification of prospective bidders is likely to unreasonably adversely affect the cost of the project;

(ii) The complexity, scale or cost of the project do not warrant use of this prequalification process;

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

(iv) 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

(v) The project will not be competitively bid.

(4) Notwithstanding subsection (b)(3) of this section, the City Engineer or designee 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 California Public Contract Code section 20101.

(5) If prequalification of prospective bidders is required for a particular project, the City Engineer shall determine which bidders are qualified to bid that project based upon the uniform system of rating bidders. If the City Engineer or designee determines any bidder is not qualified to bid a project, the City Engineer or designee 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 subsection (c) of this section.

(c) Appeals.

(1) Any person aggrieved by a determination made by the City Engineer or designee pursuant to subsection (b) of this section may appeal the determination only by complying with the requirements set forth in this subsection (c). Such an aggrieved person shall be referred to herein as "appellant". Without a timely appeal, the appellant waives any and all rights to challenge the decision of the City Engineer or designee, whether by administrative process, judicial process or any other legal process or proceeding.

(2) The appellant shall submit a written notice of appeal to the City Clerk (with a copy to the City Attorney), along with a complete written description of all factual and legal bases for the appeal and a deposit in the amount of One Thousand Dollars and no/100ths ($1,000.00), no later than ten (10) calendar days after the City has mailed written notice of the determination made by the City Engineer or designee. 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) calendar 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 and procurements.

(3) 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) calendar days following City's receipt of the notice of appeal, whichever is sooner. The hearing shall be an informal process conducted by a hearing officer, who shall be an attorney experienced in public works or construction matters. The hearing officer may be selected by the mutual consent of the appellant and the City. If an agreement cannot be reached regarding the selection of the hearing, the City Attorney shall appoint a hearing officer.

(4) 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. All evidence must be submitted to the hearing officer and the other party within seventy-two (72) hours of the date of the hearing.

(5) The hearing officer shall consider relevant evidence presented during the hearing and provide a written decision on the appeal to the City and the appellant within one business day after the close of the hearing, provided, however, the hearing officer may also request additional briefing and/or evidence of the parties. The time identified in this section for providing the hearing officer 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 hearing officer to render a timely decision shall be deemed a denial of the appeal.

(6) The hearing officer's decision shall be final and shall be subject to appeal or review under the appropriate Code of Civil Procedure section(s).

(Ord. No. 1380, 2-3-2026)