Rancho Santa Margarita Municipal Code Ch. 3.08 Public Construction; Informal Bidding

Footnotes:

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State Law reference— Bidding on public contracts, Public Contract Code § 22000 et seq.; ordinance on informal bidding required, Public Contract Code § 22034.

(a) For purposes of this chapter, and in accordance with the Uniform Public Construction Cost Accounting Act ("Act") (Public Contract Code § 22000 et seq.), the term "public project" is defined in relevant part as follows:

(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;

(b) "Public project" does not include maintenance work. "Maintenance work" includes all of the following:

(1) Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes;

(2) Minor repainting;

(3) Resurfacing of streets and highways at less than one inch;

(4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.

(Ord. No. 02-02, § 1(5.10.010), 2-7-2002)

A public project, as defined herein, of one $100,000 or less may be contracted by the informal bidding procedures set forth in this chapter.

(Ord. No. 02-02, § 1(5.10.020), 2-7-2002)

State Law reference— Similar provisions, Public Contract Code § 22032(b).

A list of qualified contractors, identified according to categories of work, shall be developed and maintained by the City in accordance with the minimum criteria determined by the California Uniform Construction Cost Accounting Commission ("Commission").

(Ord. No. 02-02, § 1(5.10.030), 2-7-2002)

State Law reference— Mandatory provisions, Public Contracts Code § 22034(a).

Where a public project, as defined herein, is to be performed and is subject to the provisions of this chapter, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 3.08.030 above, and to all appropriate construction trade journals as specified by the Commission. Additional contractors and/or construction trade journals may be notified at the discretion of the City. If there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission. If the product or service required to be performed is, at the discretion of the City, determined to be 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.

(Ord. No. 02-02, § 1(5.10.040), 2-7-2002)

State Law reference— Mandatory provisions, Public Contract Code § 22034(b).

All mailing of notices to contractors or construction trade journals pursuant to Section 3.08.040 above shall be completed not less than ten calendar days before bids are due. The notice inviting bids shall: (1) describe the public project in general terms; (2) explain how more detailed information about the proposed public project may be obtained; and (3) state the time, date, and location for the submission of bids.

(Ord. No. 02-02, § 1(5.10.050), 2-7-2002)

State Law reference— Mandatory provisions, Public Contract Code § 22034(c), (d).

Pursuant to state law, the City may reject any bids presented. If, after the first invitation for bids, all bids received are rejected, the City shall have the option, after reevaluating its cost estimates of the project, of one of the following:

(1) The City may abandon the project or re-advertise for bids in the manner described in this chapter;

(2) By passage of a resolution by a 4/5 majority of the City Council declaring that the project can be performed more economically by its employees, the City may have the project done by force account (i.e. by using internal resources including, but not limited to, labor, equipment, materials, supplies and subcontracts of the City, without further compliance with this chapter);

(3) 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;

(4) If no bids are received, the project may be performed by employees of the City by force account, as defined above.

(Ord. No. 02-02, § 1(5.10.060), 2-7-2002)

If all bids received are in excess of $100,000, the City Council may, by passage of a resolution by a 4/5ths vote, award the contract for $110,000, or less, to the lowest responsible bidder, if the City Council determines that the cost estimate was reasonable.

(Ord. No. 02-02, § 1(5.10.070), 2-7-2002)

State Law reference— Mandatory provisions, Public Contract Code § 22034(f).

Except as specified under Section 3.08.060 above, dealing with informal bids in excess of $100,000, the City's Purchasing Officer is authorized to award informal contracts pursuant to the provisions of this chapter.

(Ord. No. 02-02, § 1(5.10.080), 2-7-2002)