Chapter 3.70
INFORMAL BIDDING PROCEDURES
Sections:
3.70.010 Uniform Public Construction Cost Accounting Act.
3.70.030 Methods for bidding – Size of project.
3.70.040 Informal bidding procedures.
3.70.010 Uniform Public Construction Cost Accounting Act.
The city council elects to become subject to the Uniform Public Construction Cost Accounting Act, Public Contract Code Section 22000 et seq., and to establish informal bidding procedures for public projects. [Ord. 11-2023 § 3 (Exh. A); Ord. 24-2016 § 3].
3.70.020 Definitions.
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 22002 of the Public Contract Code, as that section may be amended or renumbered from time to time. Pursuant to Section 22002, “public project” means any of the following:
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.
3. In the case of a publicly owned utility system, “public project” shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.
4. “Public project” does not include maintenance work. For purposes of this section, “maintenance work” includes all of the following:
a. Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.
b. Minor repainting.
c. Resurfacing of streets and highways at less than one inch.
d. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.
e. Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher. [Ord. 11-2023 § 3 (Exh. A); Ord. 24-2016 § 3].
3.70.030 Methods for bidding – Size of project.
A. A public project up to the greater of $60,000 or the amount authorized by Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(a) of the Public Contract Code as amended may be performed by city force account, by negotiated contract, or by purchase order, or the city may elect to follow the informal bidding procedures prescribed in RCMC 3.70.040 and California Contract Code Section 22034.
B. A public project greater than $60,000 (or the amount authorized by Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(a) of the Public Contract Code) and less than or equal to the greater of $200,000 or maximum amount authorized in Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(b) of the Public Contract Code as amended, the city may elect to follow informal bid procedures, as established in RCMC 3.70.040 and California Contract Code Section 22034.
C. A public project of more than $200,000 (or otherwise in amounts authorized by Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(c) of the Public Contract Code as amended) shall, except as otherwise provided in this chapter, be let to contract by formal bidding procedure in accordance with all applicable provisions of the California Public Contract Code and RCMC 3.60.110.
D. Emergencies. In compliance with Public Contract Code Sections 22035 and 22050, 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 by giving notice for bids. [Ord. 11-2023 § 3 (Exh. A); Ord. 24-2016 § 3].
3.70.040 Informal bidding procedures.
A. Mailing of Notice. Where a public project of $200,000 (or otherwise in amounts authorized by Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(b) of the Public Contract Code) or less is to be performed, the city manager or 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 subsection (D) of this section and/or (2) all construction trade journals designated by the Commission under Public Contract Code Section 22036. Additional contractors and construction trade journals may be notified at the discretion of the city manager or designee.
B. Timing of Notice. All notices shall be mailed not less than 10 calendar days before bids are due.
C. Contents of Notice. The notice inviting bids shall describe the project in general terms, set forth how to obtain more detailed information about the project, state the time and place for submission of bid, and whether any bonds will be required.
D. Qualified Contractors List – Informal Bidding 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.
E. No Qualified Contractors. 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.
F. 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 bids may be sent exclusively to such contractor or contractors.
G. It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this chapter requiring work to be done by contract after competitive bidding. [Ord. 11-2023 § 3 (Exh. A); Ord. 24-2016 § 3].
3.70.050 Award of contract.
A. The city manager shall have the authority to award contracts for public projects up to the amount authorized in RCMC 3.60.030(A). Contracts for public projects in excess of the amount authorized in RCMC 3.60.030(A) shall be awarded by the city council.
B. If all bids received on a public project under this procedure set forth in this section are in excess of $200,000 (or the current maximum amount authorized by Article 3, Chapter 2 of Part 3 of Division 2, Section 22034(d) of the Public Contract Code), the city council may award the contract at $212,500 (or the current maximum amount authorized by Article 3, Chapter 2 of Part 3 of Division 2, Section 22034(d) of the Public Contract Code) or less to the lowest responsible bidder if the city council determines by adopting a resolution by at least four-fifths vote that the city’s original cost estimate was reasonable. [Ord. 11-2023 § 3 (Exh. A); Ord. 24-2016 § 3].