View entire Chapter as PDF

Chapter 3-36
INFORMAL BIDDING – PUBLIC PROJECTS Revised 1/24

Sections:

3-36.010    Public project defined. Revised 1/24

3-36.020    Contracting procedures, dollar amount limitations, and authority. Revised 1/24

3-36.030    Contractors list. Revised 1/24

3-36.040    Notice inviting informal bids. Revised 1/24

3-36.050    Execution of change orders. Revised 1/24

3-36.060    Emergencies. Revised 1/24

3-36.070    Informal bids received in excess of two hundred thousand dollars ($200,000.00). Revised 1/24

3-36.010 Public project defined. Revised 1/24

A.    For purposes of this chapter, the term “public project” shall have the same meaning as set forth in the Uniform Public Construction Cost Accounting Act (“Act”) (Public Contract Code Section 22000 et seq.), as may be amended from time to time, which is defined in relevant part as follows:

1.    Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility; and

2.    Painting or repainting of any publicly owned, leased, or operated facility;

B.    The term “public project” does not include maintenance work. “Maintenance work” includes all of the following:

1.    Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes;

2.    Minor repainting;

3.    Resurfacing of streets and highways at less than one inch; and

4.    Landscape, maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.

(Ord. 2023-5 § 2)

3-36.020 Contracting procedures, dollar amount limitations, and authority. Revised 1/24

A.    A public project of sixty thousand dollars ($60,000.00) or less (or the current amount specified in Section 22032(a) of the Public Contract Code, if different) may be performed by the employees of the city by force account, by negotiated contract, or by purchase order.

B.    A public project of two hundred thousand dollars ($200,000.00) or less (or the current amount specified in Section 22032(b) of the Public Contract Code, if different) may be let to contract by informal bidding procedures in accordance with Public Contract Code Section 22030 et seq. and as set forth in this chapter. A public project of more than two hundred thousand dollars ($200,000.00) (or the current amount specified in Section 22032(b) of the Public Contract Code if different) shall be let to contract by formal bidding procedure in accordance with Public Contract Code Sections 20160 to 20174 and 22037 to 22039.

C.    The City Manager is authorized to award and execute contracts for public projects of sixty thousand dollars ($60,000.00) or less pursuant to the informal bidding procedures set forth in this chapter, provided there exists an unencumbered appropriation in the approved budget against which such procurement may be charged. City Council approval is required for the award and execution of all contracts for public projects pursuant to this chapter of more than sixty thousand dollars ($60,000.00).

(Ord. 2023-5 § 2)

3-36.030 Contractors list. Revised 1/24

The City Manager or the City Manager’s designee may develop and maintain a list of qualified contractors, identified according to categories of work in accordance with the minimum criteria determined by the California Uniform Construction Cost Accounting Commission (“Commission”). (Ord. 2023-5 § 2)

3-36.040 Notice inviting informal bids. Revised 1/24

A.    Where a public project is subject to the informal bidding procedures of this chapter, a notice inviting informal bids shall be provided to contractors in accordance with either subsection (A)(1) and/or (2) of this section. If the city does not maintain a list of qualified contractors pursuant to Section 3-36.030, the notice inviting informal bids shall only be provided to contractors in accordance with subsection (A)(2) of this section.

1.    A notice inviting informal bids may be mailed, faxed, or emailed not less than ten calendar days before bids are due to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 3-36.030.

2.    A notice inviting informal bids may be mailed, faxed, or emailed not less than ten calendar days before bids are due to all appropriate construction trade journals as specified by the Commission. Additional contractors and/or construction trade journals may be notified at the discretion of the City Manager or the City Manager’s designee.

B.    The notice inviting informal bids shall: (1) describe the project in general terms; (2) explain how to obtain more detailed information about the proposed public project; and (3) state the time, date and location for the submission of bids.

C.    If the product or service required to be performed is, at the discretion of the City Manager, determined to be 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 (Public Contract Code Section 22034(a)(1)).

(Ord. 2023-5 § 2)

3-36.050 Execution of change orders. Revised 1/24

The City Manager shall have the authority to approve change orders to contracts for public projects awarded pursuant to the informal bidding procedures of this chapter in accordance with Chapter 3-28. (Ord. 2023-5 § 2)

3-36.060 Emergencies. Revised 1/24

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 (Public Contract Code Section 22035).

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, Part 3, Division 2 of the Public Contract Code (commencing with Section 22050), as may be amended from time to time.

(Ord. 2023-5 § 2)

3-36.070 Informal bids received in excess of two hundred thousand dollars ($200,000.00). Revised 1/24

If all informal bids received are in excess of two hundred thousand dollars ($200,000.00), the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, at two hundred twelve thousand five hundred dollars ($212,500.00) or less (or the current amount specified in Section 22034(d) of the Public Contract Code, if different) to the lowest responsible bidder, if the City Council determines that the city’s cost estimate was reasonable. (Ord. 2023-5 § 2)