Bishop Municipal Code Ch. 3.25 Contracting for Public Projects

The city council, for the purpose of prescribing regulations governing contracts awarded by the city for public projects and the procurement of goods and services, has adopted the Uniform Public Construction Cost Accounting Act, Public Contracts Code § 22000 et seq. Nothing herein contained, however, shall preclude the city from utilizing more restrictive procedures if, and when required by federal or state law, where federal or state funds are involved in the contract to be awarded.

(Code 1985, § 3.25.010; Ord. No. 561, § 3, 5-28-2019)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A. Facility means any plant, building, structure, ground facility, real property, street, highway or other public work improvement.

B. Maintenance work includes all of the following:

1. Routine, recurring and usual work for the preservation or protection of any publicly owned or publicly operated facility 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.

C. Public project.

1. The term "public project" means any of the following:

a. Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any publicly owned, leased or operated facility.

b. Painting or repainting of any publicly owned, leased or operated facility.

2. The term "public project" does not include maintenance work.

(Code 1985, § 3.25.020; Ord. No. 561, § 3, 5-28-2019)

A. Public projects of the amount of $60,000.00 or less may be performed by the employees of the city by force account, by negotiated contract, or by purchase order. City council approval is required to utilize city employees for public projects valued in excess of $10,000.00.

B. Public works projects of the amount of $60,000.00 or less may be let to contract by informal bidding procedures as set forth in section 3.25.050B.

C. Public projects of the amount of $60,000.00 at the time of adoption, shall be let to contract by formal bidding procedures as set forth in section 3.25.050A.

(Code 1985, § 3.25.030; Ord. No. 561, § 3, 5-28-2019)

It is unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding.

(Code 1985, § 3.25.040; Ord. No. 561, § 3, 5-28-2019)

A. Formal bidding procedures. Public works projects which are subject to the formal bidding procedures, pursuant to section 3.25.030C, shall be awarded to the lowest responsible bidder in accordance with the following procedures:

1. The notice inviting bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least 15 calendar days before the date of opening the bids in a newspaper of general circulation which is circulated within the city or, if there is none, in at least three places within the city as have been designated by city ordinance or regulation as places for the posting of its notices. the notice shall also be mailed at least 30 calendar days before the date of opening the bids to all construction trade publications, as determined by the commission pursuant to Public Contracts Code § 22036, which are circulated within the county. In addition to notice required by this section, the city may give other notice as it deems proper.

2. All bids shall be presented under sealed cover to the city clerk.

3. Projects valued at or under $60,000.00 may require bidder's security. Projects valued over $60,000.00 shall require bidder's security. Bidder security shall be in an amount equal to at least ten percent of the amount bid and shall be in cash, cashier's check made payable to the city, a certified check made payable to the city or a bidder's bond executed by an admitted surety insurer which meets the rating requirements established by the city manager, made payable to the city.

4. A bid for which bidder's security is required shall not be considered unless one of the forms of bidder's security is enclosed with it. If the successful bidder fails to execute the contract, the amount of the bidder's security shall be forfeited to the city as set forth below.

5. The city council may, on refusal or failure of the successful bidder to execute the contract, award the contract to the next lowest responsible bidder. If the city awards the contract to the second lowest responsible 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 if cash or a check is used or to the surety on the bidder's bond if a bond is used.

6. The city may require bidders to meet certain criteria in order to be placed upon a bidders' list to bid on a public works project. Such criteria shall be established for each construction trade so as to ensure that only bidders meeting certain minimum standards may bid on specific public works projects.

B. Informal bidding procedures. Maintenance work, any purchase of supplies, equipment and services which are $60,000.00 or less and public works projects, which are subject to the informal bidding procedures pursuant to section 3.25.030B, may be awarded to the lowest responsible bidder in accordance with the Uniform Construction Cost Accounting Act, Public Contracts Code § 22000 et seq., including the following procedures:

1. The city shall maintain a list of qualified contractors, identified according to categories of work. The development and maintenance criteria of the contractors list shall be determined by the state uniform construction cost accounting commission.

2. All contractors on the list for the category of work being bid or all construction trade journals specified in the Public Contracts Code § 22036, or both, shall be mailed a notice inviting informal bids unless the product or service delivery is proprietary.

3. All mailing of notices to contractors and construction trade journals pursuant to the Public Contracts Code § 22036 shall be completed not fewer than ten calendar days before bids are due.

4. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids.

5. The authority to award informal bids for public projects is delegated to the city manager.

6. If all bids received are in excess of $60,000.00, the city council may, by passage of a resolution by a four-fifths vote, award the contract, at $212,500.00 or less, to the lowest responsible bidder, if it determines the cost estimate of the city was reasonable. The amounts stated herein are set forth in Public Contracts Code § 22034(d) and may, from time to time, be amended. Any amendments to the amounts set forth in Public Contracts Code § 22034(d) shall be incorporated into this section.

(Code 1985, § 3.25.050; Ord. No. 561, § 3, 5-28-2019)

In its discretion, the city may reject any bids presented. If after the first invitation for 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 re-advertising for bids in the manner described in the Public Contracts Code § 22000 et seq.

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 the employees of the city, may have the project done by force account without further complying with this article.

C. If a contract is awarded, 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.

D. If no bids are received through the formal or informal procedure, the project may be performed by employees of the city by force account, or by informal bidding procedures set forth above without further complying with this article.

(Code 1985, § 3.25.060; Ord. No. 561, § 3, 5-28-2019)

The city shall adopt plans, specifications, and working details for all public projects exceeding the amount specified in Public Contracts Code § 22032(c).

(Code 1985, § 3.25.070; Ord. No. 561, § 3, 5-28-2019)

A. Emergency determination. In situations determined by the city administrator to constitute an emergency, as defined by Public Contracts Code § 1102, the bidding procedures of this chapter may be waived. The city council hereby delegates to the city administrator the power to declare a public emergency and take any directly related and immediate action required by the emergency, up to a total of $100,000.00, pursuant to Public Contracts Code §§ 22035 and 22050. Emergency expenditures in excess of $100,000.00 shall be approved by the city council. Work shall be performed without the benefit of competitive purchasing, either formal or informal, only so long as necessary under those sections.

B. For projects in excess of $25,000.00, a report on the emergency and work performed shall be provided at the next regular meeting of the city council, and then at every meeting thereafter as required by Public Contracts Code § 22050. At such meetings, the city council shall determine, by four-fifths vote, that there is a need to continue the action without the benefit of informal or formal competitive purchasing in accordance with Public Contracts Code §§ 22035 and 22050. The city council shall terminate the emergency work at the earliest date that conditions warrant, so that the remainder of the project or purchase may be completed pursuant to competitive purchasing procedures.

C. For projects of $25,000.00 or less, the city administrator shall determine, as the need for action continues, whether there is a need to continue the action without benefit of public project informal competitive purchasing. The city administrator shall terminate the emergency action on the earliest date that conditions warrant, so that the remainder of the emergency action may be completed pursuant to a competitive purchasing procedure.

(Code 1985, § 3.25.080; Ord. No. 561, § 3, 5-28-2019)