Ceres Municipal Code Ch. 08 Contracts for Public Projects

The provisions of this chapter shall apply only to contracts for public projects as defined in Public Contract Code section 22002 subdivision (c).

(Ord. No. 2019-1053, § 4, 11-12-2019)

The City Council of the City of Ceres does elect to become subject to the uniform construction cost accounting procedures set forth in division 2, part 3, chapter 2, article 2 of the California Public Contract Code (commencing with section 22010).

(Ord. No. 2019-1053, § 4, 11-12-2019)

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

B. Public projects falling within the monetary limitations of Public Contract Code section 22032(b) shall be let to contract by the informal procedures set forth in Public Contract Code section 22034, which procedures are adopted by reference as though set forth fully in this chapter.

C. Public projects exceeding the monetary limitation established by Public Contract Code section 22032(c) shall be let to contract by the formal bidding procedure set forth in Section 3.06.040 of this chapter.

(Ord. No. 2019-1053, § 4, 11-12-2019)

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

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 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 Manager, and/or designee the City Engineer may notify such other qualified contractors as he may deem appropriate or necessary.

B. Bidder's security. When deemed necessary by the City Manager and/or designee, bidder's security may be prescribed in the public notice inviting bids. Bidders shall be entitled to 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 Manager, and/or designee specified in the bid documents 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.

D. Award of contract, rejection of bids, no bids.

1. In its discretion, the City may reject any bids presented after furnishing notice to the apparent low bidder informing the bidder of City's intention to reject the bid. Such notice 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 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:

a. Abandoning the project or re-advertising for bids in the manner described by this Section.

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, the City may have the project done by force account.

2. 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 choose either of the two bids.

3. 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 4.08.030.B of this chapter without further complying with the formal bidding procedures in this section.

E. Performance bonds and labor and materials bonds. A performance bond and a labor and materials bond shall be required before entering into a contract in an amount equal to the contract price. The form and amount of the bonds shall be described in the notice inviting bids.

F. Approval of plans and specifications. The City Council grants authority to the Director of Public Works and/or City Engineer to provide and approve plans, specifications, and working details for all public projects. Such documents shall be completed for all public projects which exceed the monetary limitation of Public Contract Code section 22032(c).

(Ord. No. 2019-1053, § 4, 11-12-2019)

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

(Ord. No. 2019-1053, § 4, 11-12-2019)

A list of contractors, identified according to categories of work, shall be developed and maintained in accordance with the provisions of Public Contract Code section 22034 and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.

(Ord. No. 2019-1053, § 4, 11-12-2019)