Chapter 2.86
INFORMAL BIDDING PROCEDURES – PUBLIC WORKS PROJECTS
Sections:
2.86.030 Informal bidding procedures.
2.86.050 Size of project – Methods for bidding.
2.86.070 Alternate bidding procedure.
2.86.010 Purpose.
This section is enacted under the authority of the California Public Contract Code Section 22034 which requires a city which elects to become subject to the uniform construction cost accounting procedures as set forth in Public Contract Code Sections 22000 through 22044 to enact an ordinance governing informal bidding procedures for the selection of contractors to perform public works projects. [Ord. 06-1260 § 4, 2006.]
2.86.020 Definitions.
In this section, unless the context otherwise requires:
A. “Commission” means the California Uniform Construction Cost Accounting Commission under Public Contract Code Section 22010, et seq.
B. “Public project” means a project defined in Section 20161 of the Public Contract Code which reads as follows:
1. A project for the erection, improvement, painting or repair of public buildings and works.
2. Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow.
3. Street or sewer work except maintenance or repair.
4. Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers. [Ord. 06-1260 § 4, 2006.]
2.86.030 Informal bidding procedures.
A public project of $175,000 or less may be let to contract by the informal procedure as set forth in Section 22032 et seq. of the Public Contract Code. [Ord. 13-1372 § 1, 2013; Ord. 06-1260 § 4, 2006.]
2.86.040 Contractors list.
The city manager or designee(s) shall develop and maintain a list of qualified contractors identified according to categories which comply with Section 22034 of the Public Contract Code and criteria adopted by the Commission. During November of each year the city manager or his/her designee(s) shall develop the contractors list by mailing a written notice to construction trade journals designated by the Commission under Section 22036 of the Public Contract Code inviting all licensed contractors to submit the name of their firm to the city for inclusion on the contractors list of qualified bidders for the following calendar year. [Ord. 06-1260 § 4, 2006.]
2.86.050 Size of project – Methods for bidding.
A. Where a public project of $60,000 or less is to be performed, the city may perform the project by city employees, by force account, by negotiated contract or by purchase order, or the city may elect to follow the informal bidding procedure prescribed in subsection (B) of this section and as amended in Cal. Pub. Cont. Code §§ 22032 and 22034.
B. Where a public project of $200,000 or less is to be performed, not less than 10 days before the bids are due, the city manager or his/her designee shall mail a written notice inviting informal bids to (1) all contractors for the category of work to be bid as shown on the contractors list developed in accordance with PMC 2.86.040 and/or (2) all construction trade journals designated by the Commission under Cal. Pub. Cont. Code § 22036. Additional contractors and construction trade journals may be notified at the discretion of the city manager or designee.
C. If there is no list of qualified contractors 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. No notice inviting informal bids is required to be sent to a contractor that does not provide the necessary product or service, such as a proprietary product. [Ord. 19-1467 § 2(A)(I), 2019; Ord. 13-1372 § 2, 2013; Ord. 06-1260 § 4, 2006.]
2.86.060 Award of contracts.
A. The city manager or his/her designee(s) is authorized to award informal contracts under this chapter in accordance with city council policy.
B. If all bids received on a public project under this procedure set forth in this section are in excess of $200,000, the city council may award the contract at $212,500 or less to the lowest responsible bidder if the council determines by adopting a resolution by at least four-fifths vote that the city’s original cost estimate was reasonable. [Ord. 19-1467 § 2(A)(II), 2019; Ord. 13-1372 § 3, 2013; Ord. 06-1260 § 4, 2006.]
2.86.070 Alternate bidding procedure.
The procedure set forth in this chapter is an alternate to the procedure set forth in Public Contract Code Sections 20160 through 20174. [Ord. 06-1260 § 4, 2006.]