Barstow Municipal Code Ch. 2.42 Awarding Public Projects

Footnotes:

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State Law reference— Uniform Public Construction Cost Accounting Act, Public Contracts Code § 22000 et seq.

This chapter is intended to establish regulations to apply to all public contracts in a manner that is consistent with the requirements of the Uniform Public Construction Cost Accounting Act (Public Contracts Code § 22000 et seq.).

(Code 1969, § 2.42.010; Ord. No. 876-2011, § 2, 5-2-2011; Ord. No. 893-2012, § 2, 8-20-2012; Ord. No. 908-2013, § 1, 6-17-2013)

(a) Except as provided in subsection (e) of this section, the city manager may cause public projects of $60,000.00 or less to be performed by employees of the city by force account, by negotiated contract, or by purchase order.

(b) Except as provided in subsection (e) of this section, public projects of $200,000.00 or less may be let to contract by informal procedures as set forth in section 2.42.040.

(c) Except as provided in subsection (e) of this section, and section 2.42.040(e), public projects of more than $200,000.00 shall be let to contract by the formal bidding procedure outlined in sections 2.42.050 and 2.42.060.

(d) The term "public project" shall have the definition set forth in Public Contracts Code § 22002.

(e) The dollar limits set forth in subsections (a), (b), and (c) of this section shall increase or decrease automatically as necessary to comply with any adjustment mandated by the controller pursuant to the authority granted by Public Contracts Code § 22020.

(Code 1969, § 2.42.020; Ord. No. 876-2011, § 2, 5-2-2011; Ord. No. 893-2012, § 2, 8-20-2012; Ord. No. 908-2013, § 1, 6-17-2013; Ord. No. 1020-2023, § 2, 6-20-2023)

A list of contractors shall be developed and maintained in accordance with Public Contracts Code § 22034(a) and any criteria promulgated from time to time by the state uniform construction cost accounting commission. Such list will be maintained by the city manager or the city manager's designee.

(Code 1969, § 2.42.030; Ord. No. 876-2011, § 2, 5-2-2011; Ord. No. 893-2012, § 2, 8-20-2012; Ord. No. 908-2013, § 1, 6-17-2013; Ord. No. 1020-2023, § 2, 6-20-2023)

The following apply to informal bids for public projects:

(1) Notice inviting informal bids.

a. Required noticing. When a public contract is to be bid pursuant to the procedures in this section, a notice inviting informal bids shall be mailed to all construction trade journals specified by the commission in accordance with Public Contracts Code § 22036.

b. Optional noticing. Notification may be also provided to the contractors on the list created pursuant to section 2.42.030 for the category of work being bid, and to any additional contractors and/or construction trade journals.

c. Exception. If the product or service is proprietary in nature such that it can be obtained only from certain contractors, the notice inviting informal bids may be sent exclusively to such contractors.

(2) Mailing notices. All mailing of notices to contractors and construction trade journals pursuant to subsection (1)a and (1)c of this section shall be completed not less than ten calendar days before bids are due.

(3) Description of project. The notice inviting informal bids 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.

(4) Authority to award contracts. The city manager is authorized to award a contract if the lowest bid received is $75,000.00 or less. Contracts valued at more than $75,000.00 can only be awarded by the city council, unless otherwise provided by the city council by ordinance or resolution.

(5) Bids exceeding $200,000.00. If all bids received pursuant to the informal process are in excess of $200,000.00, the city council may adopt a resolution by a four-fifths vote to award the contract to the lowest responsible bidder, if it determines the city's cost estimate was reasonable.

(6) Award of contract. The contract shall be awarded to the lowest responsible bidder.

(Code 1969, § 2.42.040; Ord. No. 876-2011, § 2, 5-2-2011; Ord. No. 893-2012, § 2, 8-20-2012; Ord. No. 908-2013, § 1, 6-17-2013; Ord. No. 1020-2023, § 2, 6-20-2023)

The following rules apply to notices for bids for public projects pursuant to the formal bidding process:

(1) Contents of notice. Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.

(2) Publication of notice. The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the city, or otherwise comply with the requirements of Public Contracts Code § 22037.

(3) Electronic transmission of notice. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified in accordance with Public Contracts Code § 22036. The notice shall be sent at least 15 calendar days before the date of opening the bids. The city may provide additional notice.

(Code 1969, § 2.42.050; Ord. No. 876-2011, § 2, 5-2-2011; Ord. No. 893-2012, § 2, 8-20-2012; Ord. No. 908-2013, § 1, 6-17-2013; Ord. No. 1020-2023, § 2, 6-20-2023)

The following rules apply to awarding formal bids for public projects:

(1) Rejecting formal bids. In its discretion, the city council may reject any bids presented, if the city, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the agency, furnishes a written notice to an apparent low bidder. The notice shall inform the bidder of the city's intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the city intends to reject the bid. If after the first invitation of bids, all bids are rejected, after reevaluating its cost estimates of the project, the city shall have the option of either of the following:

a. Abandoning the project or readvertising for bids in the manner described by this chapter.

b. By passage of a resolution by a four-fifths vote of the city council declaring that the project can be performed more economically by city employees, may have the project done by force account without further complying with this article.

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

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

(Code 1969, § 2.42.060; Ord. No. 876-2011, § 2, 5-2-2011; Ord. No. 893-2012, § 2, 8-20-2012; Ord. No. 908-2013, § 1, 6-17-2013; Ord. No. 1020-2023, § 2, 6-20-2023)

(a) In cases of emergency when repair or replacements are necessary, the city council 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 governing body, by contractor, or by a combination of the two.

(b) In case of an emergency, if notice for bids to let contracts will not be given, the city shall comply with chapter 2.5 of part 3 of division 2 of the Public Contracting Code (commencing with § 22050).

(Code 1969, § 2.42.070; Ord. No. 876-2011, § 2, 5-2-2011; Ord. No. 893-2012, § 2, 8-20-2012; Ord. No. 908-2013, § 1, 6-17-2013; Ord. No. 1020-2023, § 2, 6-20-2023)