Chapter 3.36
INFORMAL BIDDING PROCEDURES
Sections:
3.36.020 Informal bid procedures.
3.36.040 Notice inviting bids.
3.36.050 Award of contract and change orders.
3.36.060 Adjustment of amounts.
3.36.010 Purpose.
The Uniform Public Construction Cost Accounting Act (the “Act”; California Public Contract Code Section 22000 et seq.) establishes uniform cost accounting standards. Local agencies that elect to become subject to the Act’s accounting standards are required to enact an informal bidding ordinance to govern the selection of contractors to perform public projects in accordance with the Act. The city of Winters has elected to become subject to the uniform construction accounting standards set forth in the Act and has established this chapter in accordance with California Public Contract Code Section 22034. (Ord. 2011-01 § 2 (part))
3.36.020 Informal bid procedures.
“Public projects,” as defined by the Act, of one hundred twenty-five thousand dollars ($125,000.00) or less may be let to contract by informal procedures as set forth in Section 22032, et seq., of the California Public Contract Code. (Ord. 2011-01 § 2 (part))
3.36.030 Contractors list.
A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission (“the Commission”). Relatives of city employees and/or city council members shall not be eligible for consideration to perform public projects pursuant to Section 3.36.020. “Relatives” shall include spouse, children, parents, brother, sister, grandparents, or any person that maintains a significant relationship with the employee and like in-laws. “Significant relationship” shall be defined as one who has resided in the household of the employee and/or council member for a period of not less than six months. (Ord. 2011-01 § 2 (part))
3.36.040 Notice inviting bids.
A. Where a public project is to be performed which is subject to the provisions of this chapter, a notice inviting informal bids shall be mailed not less than ten (10) 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, and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code.
B. 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.
C. Additional contractors and/or construction trade journals may be notified at the discretion of the department or agency soliciting bids; provided, however:
1. If there is not a 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.
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 bids may be sent exclusively to such contractor or contractors. (Ord. 2011-01 § 2 (part))
3.36.050 Award of contract and change orders.
A. The city purchasing agent is authorized to award informal contracts pursuant to this section, subject to city manager approval, up to thirty thousand dollars ($30,000.00). For bids received in excess of thirty thousand dollars ($30,000.00) but less than one hundred twenty-five thousand dollars ($125,000.00), awards are subject to the approval of the city council. If all bids received are in excess of one hundred twenty-five thousand dollars ($125,000.00), the city council may, by a four-fifths vote, award the contract, at one hundred thirty-seven thousand five hundred dollars ($137,500.00) or less, to the lowest responsible bidder, if it determines the cost estimate of the city was reasonable.
B. Change orders related to informal contracts issued pursuant to this section can be submitted by the city manager to the city council. A resolution of the city council is required for such change orders to take effect. (Ord. 2011-01 § 2 (part))
3.36.060 Adjustment of amounts.
Pursuant to the terms of the Act, the maximum dollar amounts authorized by the Act for informal bidding of public projects are periodically subject to change by the state of California. The dollar amounts in this chapter shall be read and interpreted to be whatever the maximum amounts authorized pursuant to the terms of the Act are, as it may be amended from time to time, or as such amounts have been adjusted by the State Controller in accordance with California Public Contract Code Section 22020. No amendment of this chapter shall be necessary for the city to utilize a higher amount if such amount has been authorized by the state of California in accordance with the Act. (Ord. 2011-01 § 2 (part))