Daly City Municipal Code Ch. 3.48 Informal Bidding Procedures for Public Projects

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 Daly City 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. No. 1356, § 1, 6-13-2011)

A. A public work project of thirty thousand dollars or less may be performed by city force account, by negotiated contract, or by purchase order.

B. A public work project greater than thirty thousand dollars and less than or equal to one hundred twenty-five thousand dollars may be let to contract by informal bid procedures, as established in Section 3.48.040.

C. A public work project of more than one hundred twenty-five thousand dollars shall, except as otherwise provided in Section 3.48.050(B) be let by formal bidding procedures in accordance with all applicable provisions of the California Public Contract Code or successor statute.

D. The described project cost limits of subsection A through C shall be increased automatically as authorized pursuant to the adjustments made by the California Uniform Construction Cost Accounting Commission under Public Contracts Code Section 22020 or successor statute.

(Ord. No. 1356, § 1, 6-13-2011)

A. Cost Estimate. For project qualifying under subsection A of Section 3.48.020, the appropriate department shall obtain a cost estimate from the project engineer or architect prior to negotiating a contract with a responsible contractor. For any city force account work, the department head shall first comply with the guidelines established by the California Uniform Construction Cost Accounting Commission in determining the cost of the public work.

B. Award of Contract. The city manager or his or her designee assigned to the approved funding source shall have the authority to award and to execute any contract for the public work qualifying under subsection A of Section 3.48.020 in an amount up to and including thirty thousand dollars, or in the amount as automatically increased pursuant to subsection D of Section 3.48.020.

(Ord. No. 1356, § 1, 6-13-2011)

A. Maintenance of Contractors List. A list of contractors shall be developed and maintained in accordance with the provisions of Public Contract Code Section 22034 and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

B. Notice Inviting Informal Bids.

1. 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 bids, and whether bid deposit or bond and faithful performance bond will be required.

2. Mailing of Notice. Where a public project subject to the provisions of this section is to be performed, a notice inviting bids shall be mailed or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with subsection A of Section 3.48.040, and/or to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Public Contract Code Section 22036 or successor statute.

3. Timing of Notice. All mailing or email of notices shall be completed not less than ten calendar days before bids are due.

4. Additional Contractors and/or Construction Trade Journals. Additional contractors and/or construction trade journals may be notified at the discretion of the city, provided however if there is no list of qualified contractors maintained by the city for a particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the commission.

5. 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.

(Ord. No. 1356, § 1, 6-13-2011)

A. The city manager or his or her designee is authorized to award informal contracts pursuant to this section.

B. Bids in Excess of Statutory Amount. If all bids received are in excess of one hundred twenty-five thousand dollars, or in the amount as automatically increased pursuant to subsection D of Section 3.48.020, the city council may by passage of a resolution by a four-fifths vote, award the contract up to one hundred thirty-seven thousand five hundred dollars to the lowest responsible bidder, if it determines that the original cost estimate of the city was reasonable.

(Ord. No. 1356, § 1, 6-13-2011)

Pursuant to the Act, the maximum dollar amounts authorized by the Act for informal bidding 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 the higher amount if such amount has been authorized by the state of California in accordance with the Act.

(Ord. No. 1356, § 1, 6-13-2011)

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 of bids to let contracts. The work may be done by day labor under the direction of the city manager or his or her designee, by contractor, or by a combination of the two.

B. In case of emergency, if notice for bids to let contracts will not be given, the city shall comply with the provisions of Public Contract Code Section 22050.

(Ord. No. 1356, § 1, 6-13-2011)