Del Mar Municipal Code Ch. 7.20 Alternative Bid Procedures for Public Works Projects

The purpose of the following sections is to establish alternative bid procedures for public works projects ("Alternative procedures" or "Alternative bids"), as provided for by the California Uniform Public Construction Cost Accounting Act (the "Act").

(Ord. No. 866; Ord. No. 959, § 1, 4-6-2020; Ord. No. 1009, § 2(Exh. A), 9-9-2024)

Effective January, 1, 2025, the updated thresholds can be viewed here .

Public projects, as defined by the Act and in accordance with the limits listed below pursuant to the Public Contract Code, may be let to contract by Alternative procedures. The applicable thresholds (provided below for reference purposes) shall be as provided in the Public Contract Code as the same may be amended from time to time.

A. Public projects of $60,000.00 or less may be performed by City employees by force account, by negotiated contract, or by purchase order.

B. Public projects of $60,000.01—$200,000.00 may be let to contract by Alternative procedures as set forth in this Chapter. If all bids received are in excess of $200,000.00, the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, at $212,500.00 or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable.

C. Public projects of more than $200,000.00 shall, except as otherwise provided in the Act and this Chapter, be let to contract by formal bidding procedures.

(Ord. No. 959, § 1, 4-6-2020; Ord. No. 1009, § 2(Exh. A), 9-9-2024)

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").

(Ord. No. 959, § 1, 4-6-2020; Ord. No. 1009, § 2(Exh. A), 9-9-2024)

A. Where a public project is to be performed pursuant to Subsection B of Section 7.20.020, a notice inviting Alternative bids shall be mailed, faxed, or e-mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 7.20.030, or mailed, faxed, or e-mailed to all construction trade journals as specified by the Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department soliciting bids.

1. If there is no list of qualified contractors maintained by the City for the 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 information bids may be sent exclusively to such contractor or contractors.

B. All mailing of notices to contractors and construction trade journals pursuant to Subsection A shall be completed not less than 15 calendar days before bids are due.

C. The notice inviting Alternative bids shall describe the project in general terms and how to obtain more detailed information about the project and shall state the time and place for the submission of bids.

(Ord. No. 959, § 1, 4-6-2020; Ord. No. 1009, § 2(Exh. A), 9-9-2024)

The City Manager, or designee, is authorized to award contracts pursuant to Subsections A and B of Section 7.20.020 of this Chapter.

(Ord. No. 959, § 1, 4-6-2020; Ord. No. 1009, § 2(Exh. A), 9-9-2024)