This chapter is adopted pursuant to
Public Contract Code Section
22030 et seq., and constitutes an "informal bidding ordinance" as
described in
Public Contract Code Section 22034. The purpose of this
chapter is to establish an informal bidding procedure applicable to
certain contracts for public projects as a result of the city electing,
by resolution, to become subject to the Uniform Public Construction
Cost Accounting Act ("UPCCAA") and the uniform construction cost accounting
procedures promulgated by the State Controller and developed by the
California Uniform Construction Cost Accounting Commission.
(Ord. 1090-13 § 2)
For the purposes of this chapter, the following terms are defined
as set forth in this section:
"Facility"
means any plant, building, structure, ground facility, real
property, streets and highways or other public works improvement.
"Maintenance work"
includes all of the following:
1.
Routine, recurring, and usual work for the preservation or protection
of publicly owned or publicly operated facility for its intended purpose.
3.
Resurfacing of streets and highways at less than one inch.
4.
Landscape maintenance, including moving, watering, trimming,
pruning, planting, replacement of plats, and servicing of irrigation
and sprinkler systems.
5.
Work performed to keep, operate, and maintain publicly owned
water, power, or waste disposal systems.
"Public project"
shall have the definition set forth in
Public Contract Code
Section 22002, which means any of the following and does not include
"maintenance work":
1.
Construction, reconstruction, erection, alteration, renovation,
improvement, demolition, and repair work involving any publicly owned,
leased, or operated facility.
2.
Painting or repainting of any publicly owned, leased, or operated
facility.
(Ord. 1090-13 § 2)
A. Public
projects of sixty thousand dollars or less, pursuant to Public Contract
Code Section 22032(a), may be performed by city employees by force
account or negotiated contract. Public projects less than fifty thousand
dollars may be contracted by the city manager. Public projects which
will cost fifty thousand dollars or more will require city council
approval. All contracts awarded pursuant to this chapter are subject
to approval by the city attorney.
C. Public
projects of more than two hundred thousand dollars shall be let to
contract by formal bidding procedure.
(Ord. 1090-13 § 2; Ord. 1150-18 § 1)
The city council has delegated to the city manager or city engineer the authority to prepare and adopt plans, specifications and working details necessary for projects subject to the informal bidding requirements pursuant to Section
3.09.030(B).
(Ord. 1090-13 § 2)
At the time provided in the notice inviting informal bids, the
city clerk shall open all bids timely received and the city council
shall award contracts above ten thousand dollars to the lowest responsible
bidder. If two or more bids are the same and lowest, the city council
may choose either bid.
If all bids received are in excess of the threshold set forth in Section
3.09.030(B), the city council, by four-fifths vote, may adopt a resolution awarding the contract to the lowest responsible bidder if the amount of the contract does not exceed the amount set forth in Section
3.09.030(B) plus seventeen thousand five hundred dollars and the city council determines that the city's cost estimate for the project was reasonable.
If no bids are received, the city engineer may solicit informal
bids again, or have the work performed by city employees by force
account, as determined to be in the best interests of the city.
In its discretion, the city council may reject any bids presented,
if the city council, prior to rejecting all bids and declaring that
the project can be more economically performed by city employees,
gives written notice to the apparent low bidder. The notice shall
inform the bidder of the city's intention to reject the bid and shall
be mailed at least two business days prior to the hearing at which
the city council intends to reject the bid. If all bids are rejected,
after reevaluating its cost estimates of the project, the city council
has the option of either:
A. Abandoning
the project or re-advertising for bids in the manner described in
this chapter; or
B. Adopting
a resolution by a four-fifths vote declaring that the project can
be performed more economically by city employees and moving forward
with the project by force account. Any such project will be subject
to an accounting procedures review by the California Uniform Construction
Cost Accounting Commission upon request by an interested party.
(Ord. 1090-13 § 2)
The provisions of this chapter shall in no way restrict the
right of the city to perform all necessary repair or replacement work
in the cases of emergency as authorized by and in accordance with
the procedures set forth in
Public Contract Code Sections 22035 and
22050.
(Ord. 1090-13 § 2)