Atwater Municipal Code Ch. 3.05 Contracts for Public Projects

The provisions of this chapter shall apply only to contracts for public projects as defined in the California Public Contract Code, Section 22002.

(Ord. CS 898, § 1, 7-14-2008)

The City Council of the City of Atwater does hereby elect to become subject to the uniform construction cost accounting procedures set forth in Article 2 of the California Public Contract Code (commencing with Section 22030).

(Ord. CS 898, § 1, 7-14-2008)

A. Contracts for public projects as defined by California Public Contract Code, Section 22002, may be performed, contracted for and constructed as provided in California Public Contract Code, Section 22032, et seq.

B. Public projects falling within the monetary limitations of Section 22032(b) of the California Public Contract Code shall be let to contract by the informal procedures set forth in Section 3.05.040 of this chapter.

C. Public projects exceeding the monetary limitation established by Section 22032(c) of the California Public Contract Code shall be let to contract by the formal bidding procedure set forth in Section 3.05.050 of this chapter.

D. The City may elect to use private sector investment capital for providing and rehabilitating infrastructure facilities pursuant to Chapter 14 of the California Government Code, beginning with Section 5956, in lieu of the other procedures specified herein to perform the type of work authorized in said chapter.

(Ord. CS 898, § 1, 7-14-2008)

A. Public projects, as defined by the Act and in accordance with the limits of Section 22032(b) of the California Public Contract Code, may be let to contract by informal procedures as set forth in Section 22034 of the Public Contract Code, which procedures are hereby adopted by reference as though set forth fully herein.

B. Contract List. A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Accounting Commission.

C. Notice Inviting Informal Bids. Where a public project is to be performed which is subject to provisions of the 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 Subsection 3.04.050.B., and to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the City, provided however:

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

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.

D. Award of Contract shall be in accordance with the City's Purchasing Manual.

(Ord. CS 898, § 1, 7-14-2008)

The following formal bidding procedure shall apply with regard to public projects which exceed the monetary limitation of Section 22032(c) of the Public Contract Code:

A. Notice Inviting Bids. Notice inviting bids shall state the time and place of the receiving and opening of sealed bids and shall distinctly describe the project. The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of local, general circulation, printed and published in the City. The notice inviting formal bids shall also be mailed to all construction trade journals specified pursuant to Section 22036 of the Public Contract Code. Said notice shall be mailed at least 30 calendar days before the date of opening the bids. In addition, the City may notify such other qualified contractors as may be deemed appropriate or necessary.

B. Bidder's Security. When deemed necessary by the City, bidder's security may be prescribed in the public notice inviting bids. Bidders shall be entitled the return of bid security, provided that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the City is responsible for the delay. The City Council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest bidder. If the City Council awards the contract to the next lowest bidder the amount of the lowest bidder's security shall be applied by the City to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.

C. Bid Opening Procedure. Sealed bids shall be submitted to the City Clerk and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.

(Ord. CS 898, § 1, 7-14-2008)

A. In its discretion, the City may reject any bids presented. If after the first invitation for bids all bids are rejected, the City shall state the reason for the rejection, and after reevaluating its cost estimates of the project, the City shall have the option of either of the following:

1. Abandoning the project or re-advertise for bids in the manner described by this section.

2. By passage of a resolution by a four-fifths vote of the City Council declaring that the project can be performed more economically by the employees of the City, the City may have the project done by force account.

B. If a contract is awarded upon the opening of the bids received, 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.

C. If no bids are received, the project may be performed by City employees by force account, or by the informal bidding procedures set forth in Subsection 3.05.030.B. of this chapter or negotiated contract without further complying with the formal bidding procedures in this section.

(Ord. CS 898, § 1, 7-14-2008)

In cases of emergency the City Council may expedite the contracting and construction of public projects pursuant to Sections 22035 and 22050 of the Public Contract Code.

(Ord. CS 898, § 1, 7-14-2008)

Should any sections of the California Public Contract Code referred to in this chapter be amended, modified or replaced, by the State Legislature, the sections amended, modified or replaced shall govern the provisions of this chapter.

(Ord. CS 898, § 1, 7-14-2008)