Rolling Hills Estates Municipal Code Ch. 3.38 Public Project Contracting— Upccaa Adoption

Footnotes:

--- (2) ---

Editor's note— Ord. No. 759, § 3, adopted January 13, 2026, amended Chapter 3.38 in its entirety to read as herein set out. Former Chapter 3.38, §§ 3.38.010—3.38.050, pertained to public project bidding, and derived from Ord. No. 703, § 1, December 8, 2015.

This chapter is enacted for the purpose of implementing the Uniform Public Construction Cost Accounting Act ("Act") (Public Contract Code section 22000 and following) and the policies and procedures of the California Uniform Construction Cost Accounting Commission ("Commission"). The words and phrases used in this chapter will have the meaning set forth in the Act unless otherwise defined in this chapter.

(Ord. No. 759, § 3, 1-13-2026)

The cost limitations and circumstances for determining whether a public project may be performed by force account, negotiated contract, purchase order, informal contract bidding, or formal contract bidding are those set forth in Act as implemented under this chapter and Chapter 3.40 (Public Project Contracting Policy) of this code.

(Ord. No. 759, § 3, 1-13-2026)

Public projects subject to informal contract bidding procedures based on the cost estimate of the project may be let to contract in accordance with the Act and other applicable provisions of the Public Contract Code and Chapter 3.40 (Public Project Contracting Policy) of this code. The general bidding process for informal contracts is as follows:

A. Notice. The city will solicit bids by electronic notice to the construction trade journals specified by the Commission and to any online platforms designated in the city's Public Project Contracting Policy unless the product or service is proprietary.

B. Form and Manner of Notice. The notice inviting informal bids must describe (1) the project in general terms, (2) how to obtain more detailed information concerning the project, and (3) state the time and place for the submission of bids. The notice will be provided in accordance with the applicable procedures specified in the Act and the city's Public Project Contracting Policy under Chapter 3.40 of this code.

C. Award of Contract. The award of an informal contract may be made to the lowest responsible bidder.

D. Rejection or Absence of Bids. The city reserves the right to reject any and all bids presented. If no bids are received, the public project may be performed by city employees by force account or by negotiated contract.

(Ord. No. 759, § 3, 1-13-2026)

The city manager is authorized to award negotiated contracts, purchase orders, and informal contracts pursuant to the Act, this chapter, and Chapter 3.40 (Public Project Contracting Policy) of this code.

(Ord. No. 759, § 3, 1-13-2026)

Public projects that exceed the maximum permitted amount under the Act for informal contract bidding and that are not otherwise exempt must be let to contract by formal bidding procedures in accordance with the Act and other applicable provisions of the Public Contract Code and Chapter 3.40 (Public Project Contracting Policy) of this code. The general bidding process for formal contracts is as follows.

A. Adoption of Plans and Specifications. The city council must adopt plans, specifications, and working details for any public project subject to formal contract bidding.

B. Form of Notice. Notice inviting formal bids must state the time and place for the receiving and opening of sealed bids and distinctly describe the project.

C. Timing and Manner of Notice. The notice must be published at least 15 calendar days before the date of opening the bids in a newspaper of general circulation which is circulated within the jurisdiction of the city. The notice inviting formal bids must also be sent electronically to all construction trade journals specified by the Commission at least 15 calendar days before the date of opening the bids. The city will also provide notice electronically as provided in the city's Public Project Contracting Policy under Chapter 3.40 of this code.

D. Award of Contract. The award of a formal contract may be made to the lowest responsible bidder.

E. Rejection, Ties, or Absence of Bids. The city reserves the right to reject any and all bids presented. If two or more bids are the same and the lowest, the city may accept the one it chooses. If no bids are received, the public project may be performed by negotiated contract.

(Ord. No. 759, § 3, 1-13-2026)

A. In cases of emergency when the protection, repair, or replacement of public facilities or property is necessary, the city may proceed at once to protect, repair, or replace any public facility or property without adopting plans, specifications, or working details, or giving notice for bids to let contracts. The work may be done by force account, day labor, or by contractor.

B. In case of an emergency, if notice for bids to let public project contracts will not be given, the city will comply with Chapter 2.5 of the Public Contract Code (commencing with Section 22050).

C. For the purposes of this section, "emergency" means a threatened or declared condition as described in Government Code section 8558, or as may be determined by the city manager or city council."

(Ord. No. 759, § 3, 1-13-2026)