3.20.060 Bidding.
A. Bidding Required. Except as provided below or in Section 3.20.040, all contracts for the erection, improvement or repair of any public buildings or works, or in furnishing any supplies, equipment and materials for the same, or for any other use by the city, shall be by bid procedures pursuant to Sections 3.20.090 and 3.20.100.
B. Rejection of Bids. The city council may, in its discretion, reject any and all bids and may readvertise for bids.
C. Award of Bids. Except as otherwise provided in this chapter, all bids shall be awarded by the city council to the lowest responsible bidder submitting a responsive bid resulting in the lowest possible net cost to the city.
D. Bidding Exceptions. Bidding may be dispensed with pursuant to the procedures prescribed in this section and Section 136 of the City Charter.
1. Projects for the erection and/or construction of all public buildings and works, and for furnishing any supplies and materials for the same, or for any other use by the city, and projects for the improvement, repair or maintenance of all public buildings and works, and for furnishing any supplies and materials for the same, the cost of which is forty thousand dollars or less, and contracts for the purchase of concrete, fuel and asphalt, the cost of which is seventy-five thousand dollars or less, may be performed by a city department or may be obtained in the open market pursuant to Section 3.20.100 of this title as determined by the city manager to best serve the needs of the city.
2. When the city council, by resolution, determines that work, supplies, equipment or materials can only be reasonably obtained from one vendor because of restricted availability of such work, supplies, equipment or materials, or because of the necessity to successfully integrate such work, supplies, equipment or materials into an existing city project or system.
3. When the city council, after rejecting bids, or if no bids are received, by a resolution adopted by at least four affirmative votes declares that, in its opinion, based on estimates supplied by the city manager, the work in question may be performed better or more economically by city employees or the supplies, equipment or materials may be purchased more economically on the open market.
4. When the city council, by a resolution adopted by at least five affirmative votes containing a declaration of facts, deems work, supplies, equipment or materials to be of urgent necessity for the preservation of life, health or property.
5. When the city council, by resolution establishes findings justifying an exception to the bidding process, and determining that work, supplies, equipment and materials can be best obtained through the design/build construction procurement process, then upon adoption of such resolution by the city council, the following design/build procurement process shall be used:
a. When the city council authorizes the use of the design/build procurement process for a specific project, the director of public works may proceed pursuant to this section.
b. For the purposes of this section design/build means a procurement process in which both the design and construction of a project are procured from a single entity.
c. For the purposes of this section, design/build entity means a partnership, corporation, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural and engineering services as needed.
d. The selection criteria for the design/build competition shall be based upon performance, price and other criteria set forth by the public works department in the solicitation proposals. The department shall establish technical criteria and methodology, including price, to evaluate proposals, and shall describe the criteria and methodology in the request for design/build proposals. Criteria used in this evaluation of proposals may include, but need not be limited to, items such as proposed design approach, life cycle cost, project features and functions. The award shall be made to the design/build entity whose proposal is judged as meeting the best interest of the city and meeting the objectives of the project.
e. Prior to contracting for the procurement under design/build, the public works director shall:
i. Prepare a program setting forth the scope of the project that may include, but is not limited to, the size, type, and desired design character of the buildings and site, performance specifications covering the quality of the materials equipment and workmanship, or any other information deemed necessary to describe adequately the city’s needs. The performance specifications shall be prepared by a design professional duly licensed and registered in the state of California.
ii.
(A) Establish a competitive selection process for design/build entities, including any subcontractors listed at the time of the submission, that clearly specifies the selection criteria, as well as recommends the manner in which the winning entity will be selected.
(B) The public works director shall consider at least the following criteria in selecting a design/build entity:
(1) Possession of all required licenses, registration, and credentials in good standing that are required to design and construct the project;
(2) Submission of evidence that establishes the design/build entity members have completed, or demonstrated the capability to complete, projects of similar size, scope or complexity, and that proposed key personnel have sufficient experience and training to competently manage and complete the design and construction of the project;
(3) Submission of a proposed project management plan that establishes the design/build entity has the experience, competence and capacity needed to effectively complete the project;
(4) Submission of evidence that establishes the design/build entity has the capacity to obtain all required payment and performance bonding, liability insurance, and errors and omissions insurance, as well as a financial statement that assures the city the design/build entity has the capacity to complete the project;
(5) Provision for a declaration certifying that applying members of the design/build entity have not had a surety company finish work on any project within the last five years;
(6) Provision for information and a declaration providing details concerning at least the following:
(a) Any construction or design claim or litigation totaling more than five hundred thousand dollars or five percent of the annual value of work performed, which ever is less, settled or filed against any member of the design/build entity over the past five years,
(b) Serious violations of the Occupational Safety and Health Act, as provided in Part 1 (commencing with Section 6300) Division 5 of the Labor Code, settled or filed against any member of the design/build entity,
(c) Violations of federal or state law, including, but not limited to, those laws governing the payment of wages, benefits, or personal income tax withholding, or Federal Insurance Contribution Act (FICA) withholding requirements, State Disability Insurance withholding, or unemployment insurance payment requirements, settled or filed against any member of the design/build entity over the past five years,
(d) Information required by Section 10162 of the Public Contracts Code,
(e) Violation of the Contractor State License Law (Chapter 9) commencing with Section 7000 (a Division 3 of the Business and Professions Code), excluding alleged violations or complaints,
(f) Any criminal conviction or finding of liability or settlement in a civil action involving any member of the design/build entity of submitting a false or fraudulent claim to a public agency over the past five years,
(g) Provision for a declaration that the design/build entity will comply with all other provisions of law applicable to the project.
f. The city council recognizes design/build entity is charged with performing both design and construction. Because a design/build contract may be awarded prior to the completion of a design, it is often impracticable for the design/build entity to list all subcontractors at the time of the award. As a result, a subcontractor listing requirement can create a conflict with the implementation of the design/build process by requiring all subcontractors to be listed at time when a sufficient set of plans may not be available. It is the intent of the city council to establish a clear process for the selection and award of subcontracts entered into pursuant to this section in a manner that maintains protection for subcontractors while enabling design/build projects to be administered in an efficient fashion. Therefore, the following requirements shall apply, at a minimum, to subcontractors, licensed pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code, that are employed in design/build projects undertaken pursuant to this section:
i. The public works department, and each design/build request for proposal, may identify types of subcontractors, by subcontractor license classification that will be listed by the design/build entity at the time of the submission of proposal. In selecting the subcontractors that will be licensed by the design/build entity, the public works department shall limit the identification to only those licensed classifications deemed essential for proper completion of the project. All subcontracts that were not listed by the design/build entity at the time of the submission of proposal shall be awarded in accordance with subsection (D)(5)(f)(ii) of this section.
ii. All subcontracts that were not to be performed by the design/build entity in accordance with subsection (D)(5)(f)(i) of this section shall be competitively bid and awarded by the design/build entity in accordance with the design/build process set forth by the department in the design/build package.
g. Any design/build entity that is selected to design and build a project pursuant to this section shall possess or obtain sufficient bonding as required by law. Nothing in this section shall prohibit a general or engineering contractor from being designated the lead entity on a design/build entity for the purposes of purchasing necessary bonding to cover the activities of the design/build entity.
6. When the city council determines by resolution that work, supplies, equipment or materials are not available from local vendors and that it is in the best interests of the city, and to the city’s economic advantage that such work, supplies, equipment or materials be obtained at the lowest possible cost for the quality needed by entering into a city, county, state or federal government cooperative procurement contract that was competitively awarded by another governmental agency either within the last thirty-six months or is one that is still active and valid.
7. When a local vendor or company has successfully obtained a contract that was competitively awarded by another governmental agency either within the last thirty-six months or is one that is still active and valid as a participant in a cooperative procurement contract, the city council may determine by resolution to dispense with bidding requirements for work, supplies, equipment or materials by participating in the cooperative procurement contract that was competitively awarded to the local vendor or company either within the last thirty-six months or is one that is still active and valid. (Ord. 5061 § 1, 2021; Ord. 4860 § 1, 2016; Ord. 4285 § 1, 2005; Ord. 3914 § 1, 1999; Ord. 3863 § 1, 1998; Ord. 3749 § 1, 1997; Ord. 3616 § 1, 1994; Ord. 3214 § 1, 1989; prior code § 5.20.060)