SECTION:
2-11-0: Purpose
2-11-1: Definitions
2-11-2: Public Projects
2-11-3: Contractor List
2-11-4: Informal Bidding Procedure
2-11-5: Formal Bidding Procedure
2-11-6: Emergency Procedure
2-11-0: PURPOSE:
The purpose of this chapter is to establish procedures that apply to public contracts in a manner that is consistent with the uniform public construction cost accounting act, commencing with Public Contract Code section 22000. (Ord. 13-977)
2-11-1: DEFINITIONS:
COMMISSION: The California uniform construction cost accounting commission established under Public Contract Code section 22010.
PUBLIC PROJECT: Shall have the meaning as set forth in Public Contract Code section 22002. (Ord. 13-977)
2-11-2: PUBLIC PROJECTS:
A. Except as provided by subsection D of this section, the city manager may cause public projects for forty five thousand dollars ($45,000.00) or less to be performed by employees of the city by force account, by negotiated contract, or by purchase order.
B. Except as provided by subsection D of this section, public projects of one hundred seventy five thousand dollars ($175,000.00) or less, may be let to contract by the informal bidding procedures described in section 2-11-4 of this chapter.
D. The dollar limits set forth in subsections A and B of this section shall adjust without city council action as necessary to comply with any adjustment mandated by the state controller pursuant to the authority granted by Public Contract Code section 22020. (Ord. 13-977)
2-11-3: CONTRACTOR LIST:
A list of contractors shall be developed and maintained in accordance with Public Contract Code section 22034 and any criteria promulgated from time to time by the commission. This list will be maintained by the city manager. (Ord. 13-977)
2-11-4: INFORMAL BIDDING PROCEDURE:
The following procedures apply to informal bids for public projects:
A. Notice: The notice inviting informal bids shall state the time and place for the submission of bids and describe the project in general terms with an explanation of how to obtain more detailed project information. It shall be mailed to all construction trade journals specified by the commission in accordance with Public Contract Code section 22036. Notification may also be provided to the contractors on the list created pursuant to section 2-11-3 of this chapter for the category of work being bid, and to any additional contractors or construction trade journals. However, if there is no list of qualified contractors maintained by the county 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. Further, 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.
Where the mailing of notices to contractors and construction trade journals is required, the notice shall be mailed not less than ten (10) calendar days before bids are due.
B. Opening Bids And Awarding Of Public Project: At the time provided in this notice, all bids timely received shall be opened. Unless all bids are rejected, the contract shall be awarded to the lowest responsible bidder.
If the lowest bid received is forty five thousand dollars ($45,000.00) or less, the city manager is authorized to award a contract. Contracts valued at more than forty five thousand dollars ($45,000.00) can only be awarded by the city council.
If all bids received pursuant to the informal bidding procedure are greater than one hundred seventy five thousand dollars ($175,000.00), the city council may adopt a resolution by a four-fifths (4/5) vote to award the contract at one hundred eighty seven thousand five hundred dollars ($187,500.00) or less to the lowest responsible bidder if it determines that the city's cost estimate was reasonable. Otherwise, the project shall be rebid under the formal bidding procedure described in section 2-11-5 of this chapter. (Ord. 13-977)
2-11-5: FORMAL BIDDING PROCEDURE:
The following procedures apply to formal bids for public projects:
A. Notice: The notice inviting formal bids shall state the time and place for receiving and opening sealed bids and distinctly describe the projects. It shall be published in a newspaper of general circulation in the city at least fourteen (14) calendar days before the bidding opening date. It shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified in accordance with Public Contract Code section 22036.
B. Opening Bids And Award Of Public Project: At the time provided in the notice inviting formal bids, all bids timely received shall be opened. Unless all bids are rejected, the contract shall be awarded to the lowest responsible bidder. (Ord. 13-977)
2-11-6: EMERGENCY PROCEDURE:
In the case of an emergency when repairs or replacements are necessary, the city council may proceed at once to replace or repair any public facility without adopting plans, specifications, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of city council, by contractor, or by a combination of the two. In any such emergency, if notice for the bids will not be given, the city shall comply with the procedures set forth in Public Contract Code section 22050. (Ord. 13-977)