Saratoga Municipal Code Art. 12-15 Informal Bidding on Public Projects

This Article is adopted pursuant to Article 3 of Chapter 2, Part 3, Division 2 (commencing with Section 22030) of the State Public Contract Code and constitutes an "informal bidding ordinance" as described in Section 22034 of said Code. The purpose of this Article is to establish an informal bidding procedure applicable to certain contracts for public projects as a result of the City having elected, by resolution of the City Council, to become subject to the uniform construction cost accounting procedures promulgated by the State Controller.

(Amended by Ord. 71.93 § 1, 1991)

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise:

(a) Commission means the California Uniform Construction Cost Accounting Commission, as created under Section 22010 of the Public Contract Code.

(b) Public Contract Code means the Public Contract Code of the State of California.

(c) Public project means any of the following, excluding maintenance work:

(1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any facility owned, leased or operated by the City.

(2) Painting or repainting of any facility owned, leased or operated by the City.

(d) Maintenance work includes all of the following:

(1) Routine, recurring, and usual work for the preservation or protection of any facility owned or operated by the City 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.

(5) Work performed to keep, operate and maintain any water, power or waste disposal systems owned by the City, including, but not limited to, dams, reservoirs or power plants.

(e) Facility means any plant, building, structure, ground facility, utility system, real property, streets and highways or other public work improvement.

(Amended by Ord. 71.93 § 2, 1991)

(a) This Article shall apply to public projects with a cost in excess of the dollar amount specified in Section 22032(a) of the Public Contract Code, but not exceeding the dollar amount specified in Section 22032(b) of the Public Contract Code. Any public project with a cost less than the dollar amount specified in Section 22032(a) of the Public Contract Code may be performed by the employees of the City by force account, by negotiated contract, or by purchase order as authorized by Section 22032(a), unless the City Council shall specifically direct that the provisions of this Article be followed with respect to such project.

(b) The provisions of this Article shall in no way restrict the right of the City to perform all necessary repair or replacement work in cases of great emergency, without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts, as authorized by and in accordance with the procedures set forth in Section 22035 of the Public Contract Code.

(Amended by Ord. 71.93 § 3, 1991)

The City shall maintain a list of qualified contractors, identified according to categories of work. The list shall be developed and maintained in compliance with such minimum requirements as may be specified from time to time by the Commission. The Maintenance Director is hereby designated as the City official having primary responsibility for the preparation and maintenance of the list of qualified contractors required by this Section.

(a) Where a public project is to be performed which is subject to the provisions of this Article, the Maintenance Director shall mail a notice inviting informal bids to all contractors for the category of work to be bid, as shown on the list described in Section 12-15.040, and to all construction trade journals for the category of work as determined by the Commission pursuant to Section 22036 of the Public Contract code; provided, however:

(1) If there is no existing list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting informal bids shall be sent only to the construction trade journals specified by the Commission; or

(2) If the product or service 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) All mailing of notices to contractors and construction trade journals pursuant to Paragraph (a) of this Section shall be completed not less than ten calendar days before bids are due.

(c) The notice inviting informal bids shall describe the public project in general terms, shall indicate the name, address and telephone number of the person from whom detailed information concerning the project can be obtained, and shall state the time and place for the submission of bids.

(Amended by Ord. 71.93 § 4, 1991)

(a) Contracts on which informal bids have been obtained pursuant to this Article shall be awarded in accordance with the same policies and standards customarily followed by the City for public projects requiring formal bids.

(b) The City Council may, by resolution, delegate to the City Manager or the Maintenance Director or other designated employee of the City the authority to award and sign any contract for which informal bids have been obtained pursuant to this Article.

(Ord. No. 328, § 1(Att. A, § 10), 7-1-2015)