Chapter 2.58
ALTERNATIVE BID PROCEDURES FOR PUBLIC WORKS PROJECTS
Sections:
2.58.020 Alternative bid procedures – Dollar limitations.
2.58.030 City manager authority.
2.58.050 Informal bidding procedure.
2.58.060 Notice inviting formal bids.
2.58.070 Awarding formal bids.
2.58.010 Purpose.
This chapter is intended to establish regulations to apply to all public contracts, as defined in Public Contracts Code Section 22002, in a manner that is consistent with the requirements of the Uniform Public Construction Cost Accounting Act (Public Contracts Code Section 22000 et seq.) and the procedures established thereunder by the California Uniform Construction Cost Accounting Commission (“Commission”). (Ord. 1743 § 1 (part), 2013)
2.58.020 Alternative bid procedures – Dollar limitations.*
A. Public projects of sixty thousand dollars or less may be performed by employees of the city by force account, by negotiated contract, or by purchase order.
B. Public projects of two hundred thousand dollars or less may be let to contract by informal procedures as set forth in Section 2.58.050.
C. Public projects of more than two hundred thousand dollars shall be let to contract by the formal bidding procedures. The city council shall adopt plans, specifications and working details for all public projects exceeding this amount.
D. The amounts set forth herein shall be adjusted when amended by Public Contract Code Section 22032 or by the Commission. (Ord. 1743 § 1 (part), 2013)
* Code reviser’s note: Effective January 1, 2019, the rates in this section have been updated pursuant to amendments to Public Contract Code Section 22032.
2.58.030 City manager authority.
The city manager shall have authority to approve public projects of up to one hundred seventy-five thousand dollars, which amount shall be modified if the amounts set forth in Section 2.58.020 are modified by statute or the Commission. (Ord. 1743 § 1 (part), 2013)
2.58.040 List of contractors.
A list of contractors shall be developed and maintained in accordance with Public Contract Code Section 22034(a) and any criteria promulgated from time to time by the Commission. Such list will be maintained by the city manager. (Ord. 1743 § 1 (part), 2013)
2.58.050 Informal bidding procedure.
The following apply to informal bids for public projects:
A. Notice Inviting Informal Bids.
1. Required Noticing. When a public contract is to be bid pursuant to the procedures in this section, a notice inviting informal bids shall be mailed to all construction trade journals specified by the Commission in accordance with Public Contract Code Section 22036.
2. Optional Noticing. Notification may be also provided to the contractors on the list created pursuant to Section 2.58.040 for the category of work being bid, and to any additional contractors and/or construction trade journals.
3. Exception. 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.
B. Mailing Notices. All mailing of notices to contractors and construction trade journals pursuant to subsection A of this section shall be completed not less than ten calendar days before bids are due.
C. Description of Project. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids.
D. Authority to Award Contracts. The city manager is authorized to award a contract if the lowest bid received is one hundred seventy-five thousand dollars or less.
E. Bids Exceeding One Hundred Seventy-Five Thousand Dollars. If all bids received pursuant to the informal process are in excess of one hundred seventy-five thousand dollars, the city council may adopt a resolution by a four-fifths vote to award the contract at one hundred eighty-seven thousand five hundred dollars or less, to the lowest responsible bidder, if it determines the city’s cost estimate was reasonable. Otherwise, the project shall be rebid pursuant to formal bidding procedures. (Ord. 1743 § 1 (part), 2013)
2.58.060 Notice inviting formal bids.
The following rules apply to notices for bids for public projects pursuant to the formal bidding process:
A. Contents of Notice. Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.
B. Publication of Notice. The notice shall be published at least fourteen calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the city, or otherwise comply with the requirements of Public Contracts Code Section 22037.
C. Electronic Transmission of Notice. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals as required by the Commission as specified in Public Contract Code Section 22036. The notice shall be sent at least fifteen calendar days before the date of opening the bids.
D. The city may provide additional notice as it deems proper. (Ord. 1743 § 1 (part), 2013)
2.58.070 Awarding formal bids.
The following rules apply to awarding formal bids for public projects:
A. Rejecting Formal Bids. In its discretion, the city council may reject any bids presented, if the city, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the city, furnishes a written notice to an 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 intends to reject the bid. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the city shall have the option of either of the following:
1. Abandoning the project or readvertising for bids in the manner described by this chapter.
2. By passage of a resolution by a four-fifths vote of the city council declaring that the project can be performed more economically by city employees, may have the project done by force account without further complying with the provisions of this chapter.
B. Lowest Bidder. If a contract is awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the city may accept the one it chooses.
C. No Bids. If no bids are received through the formal or informal procedure, the project may be performed by the employees of the city by force account or negotiated contract without further complying with this chapter. (Ord. 1743 § 1 (part), 2013)
2.58.080 Emergencies.
A. In cases of emergency when repair or replacements are necessary, the city council may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the city council, by contractor, or by a combination of the two.
B. In case of an emergency, if notice for bids to let contracts will not be given, the city shall comply with Chapter 2.5 of Part 3 of Division 2 of the Public Contracting Code (commencing with Section 22050).
C. The city council’s authority under this section may be exercised by the city manager during a declared emergency. (Ord. 1743 § 1 (part), 2013)