Antioch Municipal Code Art. III Bidding on Public Projects

(A) The purpose of this chapter is to provide for an alternative method for the bidding of public works projects, as authorized by Cal. Pub. Cont. Code §§ 22000 and following. If a conflict arises between this chapter and the Act, the Act shall prevail. In addition, if the Act increases the thresholds for informal and formal bidding, those new thresholds shall prevail.

(B) The City Council elects to become subject to the California Uniform Construction Cost Accounting Act, the procedures set forth in the Act, and to the California Uniform Public Construction Cost Accounting Commission's policies and procedures.

(Ord. 2049-C-S, passed 7-12-11)

(A) Implementation. The Director is responsible for implementing this chapter. The Director shall prepare written policies to implement this chapter.

(B) Delegation. The City Council delegates to the Director the authority to:

(1) Approve plans, specifications and working details for all public projects, under Cal. Pub. Cont. Code § 22039; and

(2) Award contracts for $30,000 or less, as long as the project is in the budget, the contract is approved as to form by the City Attorney and the project is in accordance with this chapter.

(Ord. 2049-C-S, passed 7-12-11)

The following requirements apply to public works projects:

(A) Type of bid and approval authority unless otherwise authorized by a specific state law:

(B) Thirty thousand dollars or less. A public project of $30,000 or less may be performed by the employees of the city by force account, by negotiated contract or by purchase order. If the public project exceeds $5,000 and is to be performed by negotiated contract or by purchase order, then three written quotes are required.

(C) One hundred seventy-five thousand dollars or less. A public project of between $30,001 and $175,000 may be let to contract by the informal bidding procedures set forth in § 3-4.24.

(D) More than $175,000. A public project of more than $175,000 shall be let to contract by the formal bidding procedures set forth in § 3-4.25, except as otherwise provided in the Act or in this chapter.

(E) No project splitting. It is unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this chapter.

(Ord. 2049-C-S, passed 7-12-11)

(A) Contractor list. The Director shall maintain a list of qualified contractors eligible to submit bids on informal contracts awarded by the city. The contractors shall be identified according to categories of work. Minimum criteria for development and maintenance of the list of contractors shall be determined by the Commission. A contractor wishing to be on the list must first submit a complete application to the city.

(B) Construction trade journals. The Commission determines the appropriate construction trade journals (including builders' exchanges) which shall receive notice of all informal and formal construction contracts being bid for work within Contra Costa County.

(Ord. 2049-C-S, passed 7-12-11)

A public project of between $30,001 and $175,000 may be let to contract by the informal bidding procedures in this section.

(A) Notice inviting bids.

(1) The Director shall mail a notice inviting informal bids to all contractors on the list for the category of work being bid or all construction trade journals specified by the Commission, or both. However, the notice shall be sent only to the construction trade journals if:

(a) The product or service is proprietary in nature such that it can only be obtained from a certain contractor or contractors; or

(b) There is no list of qualified contractors maintained by the city for the particular category of work to be performed.

(2) The city, in its discretion, may notify additional contractors, construction trade journals, or builders' exchanges.

(3) The notice shall be mailed not less than ten calendar days before bids are due. The notice shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids.

(B) Opening of bids and award of contract. At the time provided in the notice, all bids timely received shall be opened. Unless all bids are rejected, the contract shall be awarded to the lowest responsible bidder.

(Ord. 2049-C-S, passed 7-12-11)

(A) General. A public project of more than $175,000 shall be let to contract by the formal bidding procedures.

(B) Notice.

(1) The notice shall state the time and place for receiving and opening sealed bids and distinctly describe the project. The notice shall be:

(a) Published in a newspaper of general circulation in the city at least 14 calendar days before the bid opening date; and

(b) Mailed to all construction trade journals identified under § 3-4.24 at least 30 calendar days before the bid opening date.

(2) The city may give any other notice it deems proper.

(C) Opening of bids and award of contract. At the time provided in the notice, all bids timely received shall be opened. Unless all bids are rejected, the contract shall be awarded to the lowest responsive and responsible bidder.

(Ord. 2049-C-S, passed 7-12-11)

(A) Rejection of bids. In its discretion, the city may reject any bids presented following at least two business day notice to the apparent low bidder. If all bids are rejected after the first invitation of bids, the city may re-evaluate its cost estimates of the project and take such actions allowed by law including:

(1) Abandon the project;

(2) Re-advertise for bids; or

(3) Have the project done by force account without further complying with this chapter. In electing this option, the City Council shall first adopt a resolution by a four-fifths vote, declaring that the project can be performed more economically by the employees of the city.

(B) Award of contract. If a contract is awarded, it shall be awarded to the lowest responsive and responsible bidder. If two or more bids are the same and the lowest, the city may accept the one it chooses.

(C) No bids received. If no bids are received through the formal or informal procedure, the project may be performed by negotiated contract or by the employees of the city by force account, without further complying with this chapter.

(Ord. 2049-C-S, passed 7-12-11)

Whenever the city elects to have its own forces perform work on any public project, the city shall follow cost accounting procedures established by the Commission. The Commission may review the city's accounting procedures whenever it receives evidence that work:

(A) Is to be performed by the city forces after rejection of all bids, claiming work can be done less expensively by the city;

(B) Exceeds the force account limits; or

(C) Has been improperly classified as maintenance work.

(Ord. 2049-C-S, passed 7-12-11)

(A) In case of emergency when repair or replacements are necessary, the city may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the Director, by contractor, or by a combination of the two. In any such emergency, if notice for bids will not be given, the city shall comply with the procedures in Cal. Pub. Cont. Code § 22050 (Emergency Contracting Procedures).

(B) (1) The City Council delegates its authority under Cal. Pub. Cont. Code § 22050 to the City Manager, so that before any emergency action is taken, that the City Manager will make a finding based on substantial evidence that:

(a) The emergency will not permit a delay resulting from the competitive solicitation for bids; and

(b) The action is necessary to respond to the emergency.

(2) The City Manager shall report to the City Council at its next meeting the reasons justifying why the emergency did not permit a delay resulting from a competitive solicitation for bids and why the action was necessary to respond to the emergency. The Council must also review the action at every regular meeting until the action is terminated.

(Ord. 2049-C-S, passed 7-12-11)