Chowchilla Municipal Code Art. V Procurement of Public Projects, Architect-Engineer and Land Surveying Services

Except as otherwise provided, public projects shall be procured in accordance with the Uniform Public Construction Cost Accounting Act (Public Contract Code Sections 22000-22045), adopted and incorporated herein by this reference, three copies of which have been filed with the office of the city clerk.

(Ord. 414-00 § 1 (part), 2000)

The city administrator shall be responsible for the procurement of public projects and may delegate the responsibility to the appropriate department designee.

(Ord. 414-00 § 1 (part), 2000)

A. Unlawful to Split or Separate Projects to Evade Competitive Bidding. 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.

B. Qualified Contractors List. The city will maintain a list of qualified contractors, identified according to categories of work. The California Uniform Construction Cost Accounting Commission shall determine minimum criteria for development and maintenance of the contractors list.

C. Construction Trade Journals. The California Uniform Construction Cost Accounting Commission will determine the appropriate construction trade journals that shall receive mailed notice of all informal and formal construction contracts being bid for work within Madera County.

D. Award of Bid.

1. Awarding Authority. The city administrator shall have the authority to award contracts and to delegate authority to award contracts to the appropriate department designee.

2. Award to Lowest Responsible Bidder. If a contract is awarded, it shall be awarded to the lowest responsible bidder.

3. Award of Tie Bids. If two or more bids are the same and the lowest, the city may accept the one it chooses.

4. 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 these procedures.

5. All Bids Received are in Excess of Two Hundred Thousand Dollars. If all bids received are in excess of two hundred thousand dollars, the city council may by passage of a resolution by a majority vote, award the contract, at two hundred ten thousand dollars or less, to the lowest responsible bidder, if it determines the cost estimate of the city was reasonable.

E. Rejection of Bids.

1. Options. In its discretion, the city may reject any bids presented. If after the first invitation of bids all are rejected, after reevaluating its cost estimates of the project, the city shall have the option of either of the following:

a. Abandon the Project. Abandoning the project or re-advertising for bids in the manner described in these procedures.

b. Perform Project by Force Account. By passage of a resolution by a four-fifths vote of its governing body 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 these procedures.

F. Emergency Procedures.

1. Authority to Proceed at Once. In cases of emergency when repair or replacements are necessary, the governing body 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.

2. Work May be Done by Day Labor. The work may be done by day labor under the direction of the city, by contractor, or by a combination of the two.

3. Compliance with Public Contract Code Section 22050. In case of an emergency, if notice for bids to let contracts will not be given, the city shall comply with Public Contract Code Chapter 2.5 (commencing with Section 22050).

(Ord. 414-00 § 1 (part), 2000)

(Ord. No. 495-19, § 1, 4-23-2019)

A. Conditions for Use. All contracts of the city for public projects exceeding two hundred thousand dollars shall be let to contract by compliance with the competitive sealed bidding procedures set forth in this section, in accordance with Public Contract Code Sections 22000-22045, except as otherwise provided in Section 4.04.270 (Competitive sealed bids for projects of two hundred thousand dollars or less) and [Section] 4.04.280 (Competitive bid not required for projects of sixty thousand dollars or less).

B. Adoption of Plans, Specifications, and Working Details. After review and presentation by staff, the city council shall adopt plans, specifications, and working details for all public projects exceeding two hundred thousand dollars.

C. Examination of Plans and Specifications. Any person may examine plans, specifications and working details that are adopted by the city council for any project.

D. Notice Inviting Formal Bids. A notice inviting formal bids, or notice to contractors, shall be issued and shall:

1. State the time and place for receiving and opening of sealed bids; and

2. Distinctly describe the project.

E. Mail Notice Inviting Formal Bids. The city administrator, or designee, shall mail a notice inviting formal bids to each contractor on the contractor's list and all construction trade journals, as follows:

1. Mail to all Construction Trade Journals. A notice inviting bids shall be mailed to all construction trade journals specified by the California Uniform Construction Cost Accounting Commission.

2. Mail at Least Thirty Calendar Days Before Bids are Due. The notice inviting bids shall be mailed to contractors and construction trade journals not less than thirty calendar days before bids are due.

3. Notify Additional Parties. Additional parties may be notified at the city's discretion.

F. Publish Notice Inviting Formal Bids. The notice inviting formal bids shall be published at least fourteen calendar days before bids are due:

1. Publish in all Construction Trade Journals. The notice shall be published in all construction trade journals that are specified by the California Uniform Construction Cost Accounting Commission; and

2. Publish in a Newspaper Within the Jurisdiction. The notice shall be published in a newspaper of general circulation, printed and published in the jurisdiction of the city; or

3. Publish in a Newspaper of General Circulation. If no newspaper is printed and published within the jurisdiction of the city, the notice shall be published in a newspaper or general circulation which is circulated within the jurisdiction of the city; or

4. Post in at Least Three Locations. If there is no newspaper that is circulated within the jurisdiction of the city, publication shall be made by posting the notice in at least three places within the jurisdiction of the city as have been designated by ordinance or regulation of the city as places for the posting of the notices.

5. Other Notice. The city may give such other notice, as it deems proper.

6. City Council Window Posting. The notice shall be posted in the city council chambers window or in a place the city council deems appropriate for posting for all construction bid notices.

G. Bid Opening. Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the invitation for bids.

(Ord. 414-00 § 1 (part), 2000)

(Ord. No. 495-19, § 1, 4-23-2019)

Editor's note— Ord. No. 495-19, § 1, adopted April 23, 2019, changed the title of § 4.04.260 from "Competitive sealed bids for projects exceeding one hundred thousand dollars," to read as herein set out.

A. Conditions for Use. All contracts of the city for public projects of two hundred thousand dollars or less may be let to contract by informal procedures set forth in this section, in accordance with Public Contract Code Sections 22000-22045.

B. Notice Inviting Informal Bids. A notice inviting informal bids, or notice to contractors, shall be issued and shall:

1. State the time and place for the submission of bids; and

2. Describe the project in general terms and how to obtain more detailed information about the project.

C. Mail Notice Inviting Informal Bids. The city administrator, or designee, shall mail a notice inviting informal bids to:

1. Mail to Each Contractor on List. Each appropriate contractor included on the contractor's list developed in accordance with the Uniform Public Construction Cost Accounting Act (Public Contract Code Sections 22000-22045) and maintained by the city; or

2. Mail to Each Contractor on the List and all Construction Trade Journals. Each appropriate contractor included on the contractor's list and all construction trade journals specified by the California Uniform Construction Cost Accounting Commission. It shall be the sole discretion of the public works director whether to mail the notice only to contractors, only to construction trade journals or to contractors and construction trade journals.

3. Mail to Additional Parties. Additional parties may be notified at the city's discretion.

4. Mail Notice at Least Ten Calendar Days Before Bids are Due. The notice inviting informal bids shall be mailed to contractors or construction trade journals, or both, not less than ten calendar days before bids are due.

(Ord. 414-00 § 1 (part), 2000)

(Ord. No. 495-19, § 1, 4-23-2019)

Editor's note— Ord. No. 495-19, § 1, adopted April 23, 2019, changed the title of § 4.04.270 from "Competitive sealed bids for projects of one hundred thousand dollars or less," to read as herein set out.

The city may award contracts for public projects of sixty thousand dollars or less without competitive bidding. If the city elects to procure public projects of sixty thousand dollars or less by competitive bidding, it is recommended that the procedure for soliciting informal public projects be used.

(Ord. 414-00 § 1 (part), 2000)

(Ord. No. 495-19, § 1, 4-23-2019)

Editor's note— Ord. No. 495-19, § 1, adopted April 23, 2019, changed the title of § 4.04.280 from "Competitive bids not required for projects of twenty-five thousand dollars or less," to read as herein set out.

A. Requirement for Bid Security. Bid security shall be required for all competitive sealed bidding for construction projects when the price is estimated to exceed two hundred thousand dollars. Bid security shall be a bond provided by a surety company authorized to do business in the state of California, or the equivalent in cash, or otherwise, supplied in a form satisfactory to the city. Nothing in this section shall prevent the requirement of such bonds on construction contracts under two hundred thousand dollars when the circumstances warrant.

B. Amount of Bid Security. Bid security shall be in an amount equal to at least ten percent of the amount of the bid, unless otherwise specified by the city council.

C. Rejection of Bids for Noncompliance with Bid Security Requirements. When the invitation for bids requires security, noncompliance requires that the bid be rejected unless it is determined that the bid fails to comply only in a nonmaterial manner with the security requirements.

D. Withdrawal of Bids. If a bidder is permitted to withdraw its bid before award as provided in subsection H (Correction or Withdrawal of Bids—Cancellation of Awards) of Section 4.04.070 (Competitive sealed bidding), no action shall be had against the bidder or the bid security.

(Ord. 414-00 § 1 (part), 2000)

(Ord. No. 495-19, § 1, 4-23-2019)

A. Performance Bond.

1. Requirement and Amount of Performance Bond. When a public works contract is awarded in excess of two hundred thousand dollars the original contractor shall submit a performance bond satisfactory to the city, executed by a surety company authorized to do business in the state, and approved by the city administrator, or designee, or otherwise secured in a manner satisfactory to the city, in an amount equal to one hundred percent of the price specified in the contract. The bond shall be delivered to the city and shall become binding on the parties upon execution of the contract.

2. Reduction of Amount of Performance Bond. After notice to the city council, the city administrator may reduce the amount of the performance bond to fifty percent of the contract price when a written determination is made that it is in the best interests of the city to do so.

B. Payment Bond.

1. Requirement and Amount of Payment Bond. When a public works contract is awarded in excess of sixty thousand dollars, the original contractor shall submit a payment bond satisfactory to the city, executed by a surety company authorized to do business in the state, and approved by the city administrator, or designee, or otherwise secured in a manner satisfactory to the city, in an amount equal to one hundred percent of the price specified in the contract.

2. Reduction of Amount of Payment Bond. Unless otherwise authorized by law, after notice to the city council, the city administrator may reduce the amount of the payment bond to fifty percent of the contract price when a written determination is made that it is in the best interests of the city to do so.

C. Authority to Require Additional Bonds. Nothing in this section shall be construed to limit the authority of the city to require other security in addition to those bonds, or in circumstances other than specified in this section.

(Ord. 414-00 § 1 (part), 2000)

(Ord. No. 495-19, § 1, 4-23-2019)

A. Public Announcement. It is the policy of the city to announce publicly all requirements in excess of sixty thousand dollars for architect-engineer and land surveying services and to negotiate such contracts on the basis of demonstrated competence and qualifications at fair and reasonable prices. In the procurement of architect-engineer and land surveying services, the city administrator, or designated staff, shall request firms to submit statements of qualifications and performance data.

B. Selection. A selection committee composed of three members, including the public works director, and the head of the using department in need of the architect-engineer or land surveying services shall conduct discussions with no less than three firms regarding the proposed contract and the relative utility of alternate methods of approach for furnishing the required services and shall select from among them no less than three of the firms deemed most qualified to provide the required services. The selection shall be made in order of preference, based on criteria established and published by the selection committee.

C. Negotiation. The designee shall negotiate a contract with the firm considered to be the most qualified for architect-engineer or land surveying services at compensation which the public works director determines in writing to be fair and reasonable to the city. In making this decision, the city administrator, or designee, shall take into account the estimated value, the scope, the complexity, and the professional nature of the services to be rendered.

(Ord. 414-00 § 1 (part), 2000)

(Ord. No. 495-19, § 1, 4-23-2019)