Chapter 3.12
PUBLIC PROJECTS CONTRACTS

Sections:

3.12.010    Definitions.

3.12.020    Intent—Compliance with state policies.

3.12.030    List of qualified contractors.

3.12.040    Informal bidding allowed when.

3.12.050    Formal bidding required when.

3.12.060    Projects costing more than seventy-five thousand dollars.

3.12.010 Definitions.

A. As used in this chapter:

1. “Facility” means and plant, building, structure, ground facility, utility system (subject to limitations in Section 21002 of the Public Contract Code) and any real property, streets and highways, or other public work or improvement of the city.

2. “Maintenance work” means and includes minor repainting, the resurfacing of streets and highways at less than one inch, the maintenance of landscaping, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. Maintenance work also includes work performed to keep, operate, and maintain any water, power, or waste disposal systems, which may be operated by the city.

3. “Public project” within the meaning of the ordinance codified in this chapter means any construction, reconstruction, erection, alteration, renovation, improvement, demolition, or repair work involving any facility owned, leased, or operated by the city. A public project includes also the painting or repainting of any facility owned, leased or operated by the city. The term public project does not include maintenance work, which means routine, recurring, and usual work for the preservation or protection of publicly owned or publicly operated facilities for the intended purposes of such facilities.

B. This section is enacted pursuant to and is intended to be consistent with Section 21002 of the Public Contract Code. In the event of any conflict with the latter, the latter shall control. (Ord. 406-86 § 2, 1986)

3.12.020 Intent—Compliance with state policies.

It is intended by the ordinance codified in this chapter to bring the city within the purview of the Uniform Public Construction Cost Accounting Act, contained in the Public Contract Code, Section 21000, et seq., and to provide for the letting of all public project contracts in this city subject to and in accordance with the act as the same is in effect at the effective date of the ordinance codified in this chapter, and as in effect from time to time if thereafter amended. The city shall comply in all respects with the Public Construction Cost Accounting Policies and Procedures as promulgated by the State Controller and shall cooperate with the California Uniform Construction Cost Accounting Commission in any review of the city’s accounting procedures conducted by the commission. (Ord. 406-86 § 6, 1986)

3.12.030 List of qualified contractors.

The city manager shall maintain a list of qualified contractors, identified according to categories of work, under the minimum criteria for the development and maintenance of contractors’ lists as determined by the California Uniform Construction Cost Accounting Commission. The city manager shall file the official list of qualified contractors with the city clerk, and shall promptly notify the city clerk of any additions, deletions or amendments thereto. A copy of the official list of contractors shall be provided to the director of public works and to the city engineer for filing in their respective offices. (Ord. 406-86 § 1, 1986)

3.12.040 Informal bidding allowed when.

A. City public projects up to twenty-five thousand dollars (or the current amount as specified in Article 3, Chapter 2 of Part 3 of Division 2, Section 22032 (a) of the Public Contracts Code) or less may be performed by the employees of the city by force account, by negotiated contract, or by purchase order. Where it is anticipated that a project may be conducted and finished at a cost of twenty-five thousand dollars (or the current amount as specified in Article 3, Chapter 2 of Part 3 of Division 2, Section 22032 (a) of the Public Contracts Code) or less, the city manager shall recommend to the city council the method of letting a contract, either by force account, negotiated contract or purchase order, and the city council shall designate by motion or resolution the methods to be followed.

B. The city council may from time to time delegate to the city manager the authority to designate the method, either by blanket delegation, delegation by categories of work, or by any combination of the above.

C. Projects estimated to cost seventy-five thousand dollars (or the current amount as specified in Article 3, Chapter 2 of Part 3 of Division 2, Section 22032 (b) of the Public Contracts Code) or less may be let to contract by the informal procedures prescribed in Article 3, Chapter 2 of Part 3 of Division 2 commencing with Section 22030 of the Public Contract Code. (Ord. 529-98 § 2 (part), 1998)

3.12.050 Formal bidding required when.

Public projects of more than seventy-five thousand dollars (or the current amount as specified in Article 3, Chapter 2 of Part 3 of Division 2, Section 22032 (c) shall, except as may otherwise be provided in the said Article 3, Chapter 2 of Part 3 of Division 2, of the Public Contracts Code, commencing with Section 22032, be let to contract by formal bidding procedures conducted in accordance with provisions contained in the said article, of the Public Contract Code. (Ord. 529-98 § 2 (part), 1998)

3.12.060 Projects costing more than seventy-five thousand dollars.

Any invitation, solicitation or call for bids on a public project estimated to cost more than seventy-five thousand dollars (or the current amount as specified in Article 3, Chapter 2 of Part 3 of Division 2, Section 22032 (c) of the Public Contract Code) shall refer to precise plans, specifications and working details adopted for the project and approved by the city council before the publication or release of the invitation, solicitation or call. (Ord. 529-98 § 2 (part), 1998)