Ojai Municipal Code Ch. 4 Informal Bid Procedures

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

"City"

means the City of Ojai, California.

"Commission"

means the California Uniform Construction Cost Accounting Commission.

"Public project"

is defined as set forth in Public Contract Code Section 22002, subdivision (c).

(§ 1, Ord. 761, eff. Oct. 10, 2002; as amended by Ord. 965, 3/11/2025, eff. 4/10/2025)

The purpose of this chapter 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).

(§ 1, Ord. 761, eff. Oct. 10, 2002)

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 Public Contract Code, Part 3, Chapter 1 (commencing with Section 20100).

(§ 1, Ord. 761, eff. Oct. 10, 2002)

Public projects may be let to contract by informal procedures and limits as set forth in Section 22032, et seq., of the Public Contract Code.

(§ 1, Ord. 761, eff. Oct. 10, 2002, as amended by Ord. 965, 3/11/2025, eff. 4/10/2025)

(a) Public projects of $75,000.00 or less may be performed by the employees of the City by force account, by negotiated contract, or by purchase order.

(b) Public projects of $220,000.00 or less may be let to contract by informal procedures as set forth in Public Contract Code, Part 3, Chapter 2 (commencing with Section 22000).

(c) Public projects of more than $220,000.00 shall, except as otherwise provided in this chapter, be let to contract by formal bidding procedure.

(d) The monetary limits set forth in subsections (a), (b) and (c) of this section shall increase or decrease automatically to comply with any adjustment by the controller pursuant to the authority granted by Public Contract Code Section 22020.

(§ 1, Ord. 761, eff. Oct. 10, 2002; as amended by § 2, Ord. 896, eff. May 26, 2019; Ord. 965, 3/11/2025, eff. 4/10/2025)

When utilizing the informal bid procedure, the following shall apply:

(a) The City Clerk shall maintain a list of qualified contractors, identified according to the categories of work. The criteria for development and maintenance of the contractor's list shall be as determined by the Commission. The City by this chapter elects to notify construction trade journals in accordance with subsection (b) when utilizing informal bidding procedures.

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

(c) All mailing of notices to contractors and construction trade journals pursuant to subsection (b) shall be completed not less than 10 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) The City Council by adoption of this chapter hereby delegates the authority to award those informal contracts set forth in Section 7-4.05(a) above to the City Manager of the City. The City Council reserves the authority to award those informal contracts set forth in Section 7-4.05(b) exclusively to itself.

(f) If all bids received are in excess of $220,000.00, the City Council may, by passage of a resolution by a four-fifths vote, award the contract, at $235,000.00, or less, to the lowest responsible bidder, if it determines the City's cost estimate was reasonable.

(§ 1, Ord. 761, eff. Oct. 10, 2002; as amended by Ord. 965, 3/11/2025, eff. 4/10/2025

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 in accordance with Public Contract Code Section 20164 at least 10 calendar days before the date of opening the bids. Notice shall be published at least twice, not less than five days apart, in a newspaper of general circulation published or distributed in the City. The notice inviting formal bids shall be mailed to all construction trade journals specified in Section 7-4.06(c) above at least 30 calendar days before the date of opening bids.

(§ 1, Ord. 761, eff. Oct. 10, 2002)

The City Council shall adopt plans, specifications, and working details for all public projects exceeding $220,000.00.

(§ 1, Ord. 761, eff. Oct. 10, 2002; as amended by Ord. 965, 3/11/2025, eff. 4/10/2025)

(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 re-advertising for bids in the manner described by this chapter; or

(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 City employees and determining that the project may be done by force account without complying further with this chapter.

(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 complying further with this chapter.

(§ 1, Ord. 761, eff. Oct. 10, 2002)

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.

(§ 1, Ord. 761, eff. Oct. 10, 2002)