Chapter 3.12
INFORMAL BIDDING PROCEDURES FOR PUBLIC WORKS PROJECTS
Sections:
3.12.030 Notice inviting informal bids.
3.12.040 Contract award – Changes.
3.12.050 Compliance with laws.
3.12.010 Purpose.
The purpose of this chapter is to establish informal bidding procedures governing the selection of contractors and the award of contracts for public works projects pursuant to Public Contract Code Sections 22032(b) and 22034, as authorized and directed by Public Contract Code Section 22034. [Ord. 1109 § 2, 2003. Code 1987 § 3.10.010].
3.12.020 Contractor list.
A. The City Engineer shall develop and maintain a list of contractors in accordance with the provisions of Public Contract Code Section 22034 and criteria promulgated by the California Uniform Construction Cost Accounting Commission.
B. Any licensed contractor requesting to have his or her name placed on this list shall be included. The list may be revised from time to time to remove inactive names. A name may be considered inactive if: (1) a letter addressed to the contractor is returned without a forwarding address; or (2) the contractor has not taken out plans for or bid on a City project within the past two years; or (3) a notice of disbarment of the contractor is received by the City; or (4) the contractor is no longer licensed; or (5) the contractor withdraws his name; or (6) other good cause as determined by the City Engineer. [Ord. 1109 § 2, 2003. Code 1987 § 3.10.020].
3.12.030 Notice inviting informal bids.
A. If a public project subject to the provisions of this chapter is to be performed, a notice inviting formal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with LEMC 3.12.020 and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission (“Commission”) in accordance with Public Contract Code Section 22036. Additional contractors and/or construction trade journals may be notified at the discretion of the City department soliciting bids.
B. The foregoing notwithstanding: (1) if there is no list of qualified contractors maintained by the City 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; or (2) 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.
C. All mailing of notices to contractors and construction trade journals pursuant to subsection (A) of this section shall be completed not less than 10 calendar days before bids are due.
D. 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. [Ord. 1109 § 2, 2003. Code 1987 § 3.10.025].
3.12.040 Contract award – Changes.
A. Public works projects within the limits set forth in Public Contract Code Section 22032(a) may be performed by City employees by force account, or by negotiated contract or purchase order approved and signed by the Purchasing Officer or the City Manager, respectively.
B. The Purchasing Officer and the City Manager are each authorized to award informal contracts within the limits set forth in Public Contract Code Section 22032(b).
C. If all bids received are in excess of the limits set forth in Public Contract Code Section 22032(b), the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, within the limits set forth in Public Contract Code Section 22034(f), to the lowest responsible bidder, if the City Council determines the City’s cost estimate was reasonable.
D. Subject to the requirements and limitations of Public Contract Code Section 20142, the City Manager may approve changes or additions in the work being performed. Subject to the requirements and limitations of Public Contract Code Section 20143, the City Manager may include in any contract or contract specifications a provision for the performance of such extra work and the furnishing of materials therefor by the contractor as the City Manager requires for the proper completion or construction of the whole work contemplated. [Ord. 1109 § 2, 2003. Code 1987 § 3.10.030].
3.12.050 Compliance with laws.
In seeking, awarding and administering contracts pursuant to this chapter, the awarding authority shall comply with all other applicable requirements of law and City general conditions and procedures, including but not limited to those pertaining to bonds, prevailing wages, subcontractors, notices to proceed and notice of completion, and insurance. [Ord. 1109 § 2, 2003. Code 1987 § 3.10.035].