Monrovia Municipal Code Ch. 3.26 Informal Bid Procedures for Public Projects

This chapter is intended to establish informal bidding procedures for certain public projects, as defined herein, subject to regulations that are consistent with the requirements of the Uniform Public Construction Cost Accounting Act (Public Contracts Code § 22000 et seq.) (“the Act”).

(Ord. 2015-02 § 2 (part), 2015)

(A) The City Manager may cause public projects of $175,000 or less to be performed or let to contract by informal procedures as set forth in this chapter and the Act.

(B) Except as adjusted in division (F) of this section, the following limits and procedures apply to contracting for public projects in the city:

(1) Public projects of $45,000 or less may be performed by the employees of the city, by force account, by negotiated contract, or by purchase order;

(2) Public projects of greater than $45,000 but less than $175,000 may be let to contract through informal procedures as set forth in this chapter and the Act, and

(3) Public projects of more than $175,000 shall, except as otherwise provided in this chapter or in the Public Contract Code, be let to contract by the formal bidding procedure set forth in this chapter and the Public Contract Code.

(C) The dollar thresholds in this section refer to the City Engineer’s written estimate of the cost of any public project.

(D) It shall be unlawful to split or separate into smaller work orders or projects any public project for the purpose of evading the provisions of this chapter requiring work to be done by contract after informal or formal competitive bidding.

(E) The term “public project” shall have the definition set forth in Public Contracts Code § 22002.

(F) The dollar thresholds set forth in divisions (A) and (B) of this section shall increase or decrease automatically as necessary to comply with any adjustment mandated by the State Controller pursuant to the authority granted by Public Contract Code § 22020.

(Ord. 2015-02 § 2 (part), 2015)

A list of qualified contractors, identified according to categories of work, shall be developed and maintained in accordance with Public Contract Code § 22034(a) and any criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission (“Commission”). Such list shall be maintained and updated from time to time by the City Manager or the City Manager’s designee.

(Ord. 2015-02 § 2 (part), 2015)

The following procedures shall apply to informal bids for public projects:

(A) Notice inviting informal bids.

(1) Required noticing. When a public project is permitted to be let to contract by informal bidding pursuant to this chapter, a notice inviting informal bids shall be mailed to all contractors on the list created pursuant to § 3.26.030 for the category of work being bid and to all the construction trade journals specified by the Commission in accordance with Public Contract Code § 22036.

(2) Optional noticing. Notice may be also provided to any additional contractors, publications and/or construction trade journals identified by the City Manager or the City Manager’s designee.

(3) Exception. If the product or service to be procured for a public project 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.

(B) Time of giving notice. All mailing of notices to contractors and construction trade journals pursuant to this section shall be completed not less than ten calendar days before bids are due.

(C) Description of project. 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.

(D) Authority to award contracts. The City Manager is authorized to award a contract for a public project pursuant to the process set forth in this section if the lowest bid received is $25,000 or less. Contracts valued at more than $25,000 shall only be awarded by the City Council.

(E) Bids exceeding $175,000. If all bids received pursuant to the informal process are in excess of $175,000, the City Council may adopt a resolution by a four-fifths vote to award the contract to the lowest responsible bidder at $187,500 or less, if it determines the city's cost estimate was reasonable.

(F) Award of contract. Any contract awarded pursuant to this chapter shall be awarded to the lowest responsible bidder.

(Ord. 2015-02 § 2 (part), 2015)

In addition to any other applicable requirements of the Public Contract Code, the following rules apply to notices for bids for public projects pursuant to the formal bidding process:

(A) Contents of notice. Notices inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.

(B) Publication of notice. The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the city, or otherwise comply with the requirements of Public Contracts Code § 22037.

(C) Electronic transmission of notice. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified in accordance with Public Contract Code § 22036. The notice shall be sent at least 15 calendar days before the date of opening the bids. The city may provide additional notice.

(Ord. 2015-02 § 2 (part), 2015)

The City Council shall adopt plans, specifications, and working details for all public projects exceeding the amount specified in § 3.26.020(B)(3). Any person may examine the plans, specifications, or working details, or all of these, adopted by the public agency for any public project.

(Ord. 2015-02 § 2 (part), 2015)

The following rules apply to awarding formal bids for public projects:

(A) Rejecting formal bids. In its discretion, the City Council may reject any bids presented, if the city, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the agency, furnishes a written notice to an apparent low bidder. The notice shall inform the bidder of the city's intention to reject the bid and shall be mailed at least two business days prior to the City Council meeting at which the city intends to reject the bid. 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 re-advertising for bids in the manner described by this chapter.

(2) After passing a resolution by a four-fifths vote of the City Council declaring that the project can be performed more economically by city employees, have the public project done by force account without further complying with this chapter.

(B) Lowest bidder. 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) No bids. 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. 2015-02 § 2 (part), 2015)

(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 for bids to let contracts. The work may be done by day labor under the direction of the City Manager, by contractor, or by a combination of the two.

(B) In case of an emergency, if notice for bids to let contracts will not be given, the city shall comply with Chapter 2.5 of Part 3 of Division 2 of the Public Contract Code (commencing with § 22050).

(Ord. 2015-02 § 2 (part), 2015)