2008-08 Provide for Certain Informal Purchasing Procedures ORDINANCE NO. 2008-08
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF MENIFEE ADDING CHAPTER 3.30
TO THE MENIFEE MUNICIPAL CODE TO PROVIDE FOR CERTAIN
INFORMAL PURCHASING PROCEDURES
The City Council of the City of Menifee finds as follows:
(A) Public Contract code Sections 22030 et seq provide for a general law city to
adopt the uniform construction cost accounting procedures and thereafter to
adopt an ordinance establishing informal bidding procedures which comply with
the provisions of those sections.
(B) The City Council has adopted Resolution No. 08-15 electing to become subject
to such procedures and has notified the State Controller of such election; and
(C) This ordinance complies with the required provisions of state law as to selection
of contractors for such informal bidding procedures.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN
AS FOLLOWS:
SECTION 1. Chapter 3.30 hereby is added to the Menifee Municipal Code to read as
follows:
Sections:
3.30.010 Application of Informal Bidding Provisions
3.30.020 Delegation of Authority
3.30.030 List of Qualified Contractors
3.30.040 Informal Contract Projects Identified: Bids Invited
3.30.050 Award of Contract- Procedure
3.30.010 APPLICATION OF INFORMAL BIDDING PROVISIONS
(a) These provisions shall apply to public projects (as defined in the Public Contract
Code) of$125,000 (as that amount may be amended from time to time pursuant to Public
Contract Code Section 22032 (b)), except as otherwise allowed for projects where the award
does not exceed $137,500, as that amount may be amended from time to time subject to Public
Contract Code Section 22034(f).
(b) Public projects of thirty thousand dollars ($30,000) or less (as that amount may be
amended from time to time pursuant to Public Contract Code Section 22032(a)) may be
performed by City employees by force account, negotiated contract or purchase order without
compliance with any bidding procedure and without the preparation of plans, specifications or
working details.
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(c)A public project may not be split into separate work orders or projects to avoid bidding
requirements.
3.30.020 DELEGATION OF AUTHORITY. The City Council hereby delegates to the
City Manager or City Engineer the authority to prepare and adopt plans, specifications and
working details necessary for informal or formal bids for the project.
3.30.030. LIST OF QUALIFIED CONTRACTORS
(a) The City Manager or City Engineer shall develop a list of qualified contractors, eligible to
submit bids on informal contracts awarded by the City. In developing the list, they shall obtain
from the Contractor's State License Board, and from construction trade associations in the
County, names and addresses of qualified contractors located in the County and shall comply
with other requirements of the Department of Industrial Relations. The list shall be organized
with the license classifications of the Contractor's State License Board.
(b) The City Manager or City Engineer shall publish annually, in all those construction trade
journals identified by the Contractor's Sate License Board in accordance with Public Contract
Code Section 22036, notice that the City has elected to become subject to the Uniform Public
Construction Cost Accounting procedures, that it maintains a list of contractors qualified to
submit bids on informal contracts, and of the City office to contact for all information necessary
for a qualified contractor to be included on the list.
(c) Any licensed California contractor upon request may be added to the list at any time.
(d) The City Manager or City Engineer shall develop and provide to contractors applying for
clusion on the list a simplified form requesting the applicant's name, address and California
contractor's license [lumber and classification.
3.30.040. INFORMAL CONTRACT PROJECTS IDENTIFIED: BIDS INVITED
(a) The City Manager or City Engineer may utilize the informal bidding procedure set out
here for public projects as set out in Section 1(a) above
(b) The City Manager or City Engineer shall mail notices inviting informal bids to all
contractors on the list of qualified contractors, for the category of work bid and/or ail
construction trade journals specified in Section 3.08.240.
1) They shall complete the mailing of notices inviting informal bids not
fewer than ten calendar days before bids are due.
2) The notice inviting informal bids shall describe the project in genera
terms, how to obtain more detailed information about the project, and
state the time and place for the submission of bids.
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3.30.050 AWARD OF CONTRACT— PROCEDURE
At the time provided in the notice inviting informal bids, the City Manager or City
Engineer shall open all bids timely received and shale award a contract to the lowest responsible
bidder. If two or more bids are the same and lowest, the Council may choose either. If no bids
are received, they may solicit informal bids again, or perform the work by City forces, of
negotiate a contract as they determine to be in the best interests of the City. If all bids are in
excess of$125,000 (or such amount as may be amended from time to time as set out in 1(a)
above), the City Council, by 4/5ths vote, may adopt a resolution awarding the contract, for
$137,500 or less, to the lowest responsible bidder if it determines that to be reasonab e.
SECTION 2. Effective Date. This ordinance shall be effective 30 days from the date of
adoption.
SECTION 3. The City Clerk shall certify to the adoption of this Ordinance and shall cause the
same to be posted or published as required.
Wallace Edgerton, Mayor
PASSED, APPROVED AND ADOPTED this Al -t day-o-fDAL14t 2008 as follows:
Ayes: "A?()e&, i 4 a-A�l
Noes: _n 6/V--)
Absent: T)Q/q,
Abstain: I)®
Attest.-
Kathy
ttest:Kathy Bennett
Approved as to form:
Elizabeth Martyn, City Attorney
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