Chapter 2.46 — PUBLIC PROJECT CONTRACTS

Editor's note— Ord. No. 2020-07, § 2, adopted April 6, 2020, repealed Ch. 2.46, §§ 2.46.010—2.46.080, and enacted a new Ch. 2.46 as set out herein. The former Ch. 2.46 pertained to similar subject matter and derived from Ord. 99-03, § 2 (part)).

"Public project" within the meaning of this chapter shall be defined by reference to the Uniform Public Construction Cost Accounting Act (Public Contract Code 20161).

(Ord. No. 2020-07, § 2)

It is intended by the ordinance codified in this chapter to bring the city into compliance with the Uniform Public Construction Cost Accounting Act, contained in the Public Contract Code Section 22010 et seq., and to provide for the letting of small public project contracts in this city subject to and in accordance with the act as in effect at the effective date of the adoption of this chapter. The city shall comply in all respects with the Public Construction Cost Accounting Policies and procedures as promulgated by the State Controller and shall cooperate with the California Uniform Construction Cost Accounting Commission in any review of the city's accounting procedures conducted by the commission.

(Ord. No. 2020-07, § 2)

A.

Public projects of sixty thousand dollars ($60,000.00) or less may be performed by city employees by force account or negotiated contract. This amount may be adjusted by resolution henceforth to correspond with any future increases or decreases enacted by the State of California to Article 3 of Chapter 2 of the Public Contract Code commencing with Section 22030.

B.

Public projects of two hundred thousand dollars ($200,000.00) or less may be let to contract by informal procedures as set forth in Article 3 of Chapter 2 of the Public Contract Code commencing with Section 22030. (Ord. 99-03 § 2 [part]). This amount may be adjusted by resolution henceforth to correspond with any future increases or decreases enacted by the State of California to Article 3 of Chapter 2 of the Public Contract Code commencing with Section 22030.

(Ord. No. 2020-07, § 2)

Public projects of more than two hundred thousand dollars ($200,000.00) shall, except as otherwise provided in Article 3 of Chapter 2 of the Public Contract Code, commencing with Section 22030, be let to contract by formal bidding procedures as set forth in said article, particularly Section 22037.

(Ord. No. 2020-07, § 2)

The city shall maintain a list of qualified contractors, identified according to categories of work. The development and maintenance of the list shall meet the minimum criteria as determined by the California Uniform Construction Cost Accounting Commission.

(Ord. No. 2020-07, § 2)

A.

Except in the case that the product or service sought is proprietary, all contractors on the list for the category of work being bid, or all construction trade journals specified by the California Uniform Construction Cost Accounting Commission, or both, shall be mailed a notice inviting informal bids.

B.

All mailings of notices inviting informal bids shall be completed not less than ten (10) calendar days before bids are due and shall include a description of the project in general terms, how to obtain more detailed information about the project, and state the time and place for submission of the bids.

C.

The city council may delegate the authority to bid informal contacts to the public works director, city manager or other appropriate person.

D.

If all bids received are in excess of two hundred thousand dollars ($200,000.00), the city council may, if it determines the cost estimate by the city to be reasonable, award the contract by a four-fifths vote, at two hundred twelve thousand five hundred dollars ($212,500.00) or less to the lowest responsible bidder.

(Ord. No. 2020-07, § 2)

Notwithstanding anything in this chapter to the contrary, observance of the informal and/or formal bidding procedures prescribed herein shall not be required when the city council determines by resolution that such procedures would be unavailing or would not produce a competitive advantage, and the advertisement for bids would therefore be undesirable, impractical or impossible. Such resolution may be made before or contemporaneously with the city council's approval of the contract.

(Ord. No. 2020-07, § 2)

This chapter shall not apply to public project contracts funded by means of any federal or state grant programs. All applicable federal and state rules and regulations will regulate these contracts.

(Ord. No. 2020-07, § 2)