Fillmore Municipal Code Ch. 5.40 Informal Bidding

For the purpose of this chapter, the following words and phrases shall be the meanings respectively ascribed to them by this section:

(a) "Commission" means California Uniform Construction Cost Accounting Commission.

(b) "Informal contract" means a contract in the amount of one hundred seventy-five thousand dollars or less.

(c) "Formal contract" means a contract greater than one hundred seventy-five thousand dollars.

(d) "City" means the city of Fillmore.

(e) "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 reservoirs and powerplants;

(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 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, reservoirs and powerplants.

(Ord. 719 § 1 (part), 1997)

(Ord. No. 17-879, § 2, 6-13-2017)

The purpose of these provisions is to establish the requirements governing the selection of contractors to perform public projects pursuant to Section 22034 of the Public Contract Code. It is intended to be in accordance with and subject to the requirements and provisions of Public Contract Code Part 3, Chapter 2, (commencing with Section 22000).

(Ord. 719 § 1 (part), 1997)

Nothing in this chapter shall prohibit the city council from utilizing, as an alternative to the procedures set forth in this chapter, the procedures set forth in the Public Contract Code Part 3, Chapter 1, (commencing with Section 20100).

(Ord. 719 § 1 (part), 1997)

A. Public projects of seventy-five thousand dollars or less may be performed by the employees of the city by force account, or awarded by negotiated contract, in accordance with the following:

(1) Solicitation of Proposals. If the estimated cost of the public project exceeds five thousand dollars and will not be performed by city employees, the public works director shall solicit written proposals from prospective contractors to perform such public project. Such solicitation shall be made in writing, by telephone, or otherwise and shall be made to sufficient members of prospective contractors as may be deemed by the city manager to be consistent with the policy of the city council regarding the award of contracts for public projects;

(2) Award and Execution of Contract. If a contract is awarded pursuant to this subsection, the contract shall be awarded to the lowest responsible bidder. The city manager may award and execute a contract awarded pursuant to this subsection when both of the following apply:

(i) The contract is for a sum not to exceed seventy-five thousand dollars to be paid by the city; and

(ii) The funds required for the payment of the contract are in the city's approved and current budget for that purpose.

B. Public projects of two hundred twenty thousand dollars or less, may be let to contract by informal procedures as set forth in FMC Section 5.40.050.

C. Public projects of more than two hundred twenty thousand dollars shall, except as otherwise provided in this ordinance, be let to contract by formal bidding procedure.

D. Emergencies. The city council may act contrary to this section under any emergency authority granted by the Uniform Public Construction Cost Accounting Act or by any other provision of the California Public Contract Code. Furthermore, in the case of an emergency, as that term is used in the Uniform Public Construction Cost Accounting Act, the city manager is delegated the authority to take such actions authorized by the Act without compliance with the procedures of this section.

(Ord. 719 § 1 (part), 1997)

(Ord. No. 17-879, § 3, 6-13-2017; Ord. No. 18-898, § 1, 12-11-2018; Ord. No. 24-975, § 1, 10-8-2024)

When utilizing the informal bidding procedure the following shall apply:

(a) The city clerk shall maintain a list of qualified contractors, identified according to categories of work. The criteria for development and maintenance of the contractors list shall be as determined by the commission.

(b) All contractors on the list for the category of work being bid or all construction trade journals specified by the commission for Ventura County, or both, shall be mailed, faxed, or emailed a notice inviting informal bids unless the product or service is proprietary.

(c) All mailing, faxing, or emailing of notices to contractors and construction trade journals pursuant to subdivision (b) shall be completed not less than ten calendar days before bids are due.

(d) The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids.

(e) Bids shall be in writing and sealed and shall be opened at the time and place designated in the notice. If a contract is awarded, the contract shall be awarded by the city council to the lowest responsible bidder. The mayor shall execute the contract unless otherwise provided by the city council.

(f) If all bids received are in excess of two hundred twenty thousand dollars, the city council may, by passage of a resolution by a four-fifths vote, award the contract, at two hundred thirty-five thousand dollars, or less, to the lowest responsible bidder, if it determines the city's cost estimate is reasonable.

(Ord. 719 § 1 (part), 1997)

(Ord. No. 17-879, § 4, 6-13-2017; Ord. No. 18-898, § 2, 12-11-2018; Ord. No. 24-975, § 2, 10-8-2024)

(a) Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least fourteen calendar days before the date of opening the bids in a newspaper of general circulation printed and published or circulated in the city. The notice inviting formal bids shall also be sent electronically, if available, and by either facsimile or electronic mail and mailed to all construction trade journals specified by the commission for Ventura County. The notice shall be sent at least fifteen calendar days before the date of opening the bids. In addition to notice required by this section, the city may give such other notice as it deems proper.

(b) When deemed necessary by the city manager and in all contracts for more than seventy-five thousand dollars, bidder's security will be required and identified in the notices inviting bids.

(c) The city shall require bonds, before entering into a contract, in such amount as required to comply with state law and as reasonably necessary to protect the best interests of the city. When bonds are required the form and amount of the bonds shall be described in the notice inviting bids.

(Ord. 719 § 1 (part), 1997)

(Ord. No. 17-879, § 5, 6-13-2017; Ord. No. 18-898, § 3, 12-11-2018; Ord. No. 24-975, § 3, 10-8-2024)

The city council shall adopt plans, specifications, and working details for all public projects exceeding seventy-five thousand dollars.

(Ord. 719 § 1 (part), 1997)

(Ord. No. 17-879, § 6, 6-13-2017)

(a) The city may reject any bids presented. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the city shall have the option of either of the following:

(1) Abandoning the project or readvertising for bids in the manner described by this chapter;

(2) By passage of a resolution by a four-fifths vote of the city council declaring that the project can be performed more economically by the city employees, may have the project done by force account without further complying with this article.

(b) If a contract is awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the city may accept the one it chooses.

(c) If no bids are received through the formal or informal procedure, the project may be performed by the employees of the city by force account, or negotiated contract without further complying with this chapter.

(Ord. 719 § 1 (part), 1997)

It is 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. 719 § 1 (part), 1997)