Note: Prior ordinance history: Ord. 1605.
(1) 
Method Determined by Cost Estimate.
The procedure to be followed in awarding Contracts for Public Projects is determined initially by the estimated cost as determined by the City Engineer.
(2) 
No Division of Procurements.
Public Projects shall not be knowingly staged or separated into smaller Public Projects solely for the purpose of evading the competitive bidding requirements of this Title.
(3) 
Cancellation of Solicitation.
A solicitation for a Public Project may be canceled up until the opening of Bids by the Director, when cancellation or rejection is in the best interests of the City. The reasons therefor shall be made part of the Public Project file.
(4) 
Use of Electronic Means.
(a) 
Consistent with the stated policy of promoting efficient public contract law, consistent with the best of modern practice and research, and pursuant to the authority granted by Public Contract Code sections 1600 and 1601, the Director shall be authorized to utilize electronic means in the Procurement of Public Projects, so long as the purpose and intent of applicable state law, this chapter, and any supplemental rules or regulations are met.
(b) 
Without limiting the nature of the foregoing, the City may utilize online bidding and selling methods, electronic signature in accordance with applicable state, local and federal law, and electronic mail for delivery of notices when "mailed" notice is required herein. For purposes of this Title, "supporting materials," as that term is used in Public Contract Code section 1601, shall be deemed to include security bonds, which the City may, in its sole and absolute discretion, allow to be submitted electronically, consistent with any supplemental regulations, adopted in accordance with this Title, implementing the submission of electronic security bonds. Whenever "sealed" Bids are called for, any electronic means may be used so long as such electronic means provide for the secured submission of the required data. Whenever Bids are required to be "opened", such Bids shall be deemed "opened" if and when they are made available to both the City and the public simultaneously, in a public setting, including, without limitation, by way of making such Bids available in an electronic format that is readable by the public. If provisions of this section are in conflict with any other resolution or ordinance of the City, this section shall prevail.
(Ord. 2049 § 1, 2021)
(1) 
Bidding Thresholds.
The process applicable for the Procurement of Public Projects shall be established in accordance with the following Bidding Thresholds dependent upon the City Engineer's estimated cost of the Public Project:
(a) 
As established pursuant to Public Contract Code section 22032(a), $60,000 or less: by Force Account, negotiated Contract, or Purchase Order.
(b) 
As established pursuant to Public Contract Code section 22032(b), $200,000 or less: by Informal Public Project Bidding Procedures.
(c) 
As established pursuant to Public Contract Code section 22032(c), over $200,000: by Formal Public Project Bidding Procedures.
(2) 
Automatic Amendment of Bidding Thresholds.
If, as, and when the amounts set forth in Public Contract Code section 22032 are later amended, this section and the amounts reflected herein shall be deemed to have been amended to reflect such changes, without the need for further action on the part of the City, and such changes reflected in Public Contract Code section 22032 shall be deemed to be incorporated by reference herein.
(Ord. 2049 § 1, 2021)
The informal bidding procedures for Public Projects shall comply with all aspects of state and local law governing informal competitive bidding, including, but not limited to the Public Contract Code, Government Code, Labor Code, resolutions of the City Council as may be adopted from time to time, this Title, and applicable supplemental regulations.
(1) 
Adoption of Plans and Specifications; Authorization to Bid.
The City Engineer, or designee, is authorized to review and approve engineering plans for purposes of design immunity pursuant to Government Code section 830.6 for all Public Projects with an estimated cost less than the amount identified by Public Contract Code section 22032(b). This shall include review and approval of the working details, drawings, plans and Specifications prepared for the Public Project, including emergency and Change Order work, which may affect the design or operation of public improvements and which may bring into question the City's liability for dangerous conditions of public property.
(2) 
Bidder List.
The City shall maintain a list of qualified Contractors in accordance with Public Contact Code section 22034.
(3) 
Notice.
All qualified Contractors on the City's list for the category of work being bid shall be mailed, faxed, or emailed an Invitation for Bids (IFB) or Notice Inviting Bids (NIB). The City may elect to mail, fax, or email the IFB or NIB to construction trade journals in accordance with Public Contract Code section 22036. The IFB or NIB shall describe the scope of the Public Project in general terms and how to obtain more detailed information about the Public Project, and state the time and place for the submission of Bids. All mailing of an IFB or NIB to qualified Contractors and/or construction trade journals shall be completed not less than 10 calendar days before Bids are due.
(4) 
Bidder's Security/Failure to Sign Contract.
Bidder's security shall be prescribed in the IFB or NIB in an amount equal to ten percent of the bid amount. Bidder's security shall be a cash deposit with the City, a cashier's certified check payable to the City, or a bidder's bond. The lowest Responsible Bidder shall forfeit the bid security upon the Bidder's refusal or failure to execute the Contract within 10 calendar days after the date of the award of the Contract, or such other period of time as may be specified by the City. On the refusal or failure of the lowest Responsible Bidder to execute the Contract, the City Manager may award the Contract to the next lowest Responsible Bidder submitting a Responsive Bid.
(5) 
Bid Opening Procedure.
Sealed Bids shall be submitted to the Director and shall be identified as to Bidder, project, and bid title/number on the envelope. Bids shall be opened by the Director in public at the time and place stated in the IFB or NIB. Alternatively, sealed Bids may be received by the City via an electronic bid management system in accordance with this Chapter.
(6) 
Award.
If a Contract is awarded, it shall be awarded to the lowest Responsible Bidder submitting a Responsive Bid. The City Manager, in consultation with the City Attorney, may waive irregularities in a Bid, and is authorized to award Contracts in an amount up to and not exceeding the amount established pursuant to Public Contract Code section 22032(b).
(7) 
Tie Bids.
If two or more Bids received are determined to be the lowest and Responsive Bids submitted by Responsible Bidders, the City Manager may accept either Bid. Should tie Bids be received the following priority list will apply to the award:
(a) 
Business located within City boundaries with a valid business license;
(b) 
Coachella Valley based Business;
(c) 
Riverside County based Business; or
(d) 
State of California based Business.
(8) 
No Bids.
If no Bids are received, the Public Project may be performed by City employees by Force Account or by negotiated Contract without further complying with this Title.
(9) 
Rejection of Bids
The City Manager may reject all Bids presented and shall have the following options:
(a) 
Abandon the Public Project;
(b) 
Issue a new notice inviting informal bids in the manner described in this Chapter; or
(c) 
Submit to the City Council, subject to passage by a four-fifths vote, a recommendation to declare that the Public Project can be constructed more economically by the employees of the City, and have the Public Project completed by Force Account.
(10) 
Bids in Excess of Statutory Amount.
If all Bids received are in excess of the amount identified by Public Contract Code section 22032(b), the City Council may award the Contract to the lowest Responsible Bidder submitting a Responsive Bid in accordance with Public Contract Code section 22034(d).
(Ord. 2049 § 1, 2021)
The formal bidding procedures for Public Projects shall comply with all aspects of state and local law governing formal competitive bidding, including, but not limited to the Public Contract Code, Government Code, Labor Code, resolutions of the City Council as may be adopted from time to time, this Title, and applicable supplemental regulations.
(1) 
Adoption of Plans and Specifications; Authorization to Bid.
The City Council shall approve and adopt the plans, Specifications and working details for purposes of design immunity pursuant to Government Code section 830.6, and authorize formal bidding of Public Projects. Notwithstanding anything in this Chapter, the City Council may, in its action to authorize formal bidding, delegate Signature Authority to the City Manager to approve and award a Contract therefor to the lowest Responsible Bidder submitting a Responsive Bid provided the amount of the Bid is within the amount previously budgeted for the Public Project, waive irregularities in a Bid, and reject Bids.
(2) 
Invitation for Bids.
A NIB shall be issued and shall include a general description of the Public Project and all contractual terms and conditions applicable to the Procurement.
(3) 
Public Notice.
The NIB shall be published at least once 14 calendar days before the date of opening the Bids in a newspaper of general circulation, printed and published in the jurisdiction of the City, and by posting the NIB on the City's website. The NIB shall also be posted electronically with all construction trade journals in accordance with Public Contract Code section 22036. The NIB shall state the time and place for the receiving and opening of sealed Bids and describe the scope of the Public Project. In addition to notice required by this section, the City may give such other notice as the Director may recommend.
(4) 
Bidder's Security/Failure to Sign Contract.
Bidder's security shall be prescribed in the NIB in an amount equal to ten percent of the bid amount. Bidder's security shall be a cash deposit with the City, a cashier's or certified check, payable to the City, or a bidder's bond. The lowest Responsible Bidder shall forfeit all the Bidder's security upon the Bidder's refusal or failure to execute the Contract within 10 calendar days after the date of the award of the Contract, or such other period of time as may be specified by the City. On the refusal or failure of the lowest Responsible Bidder to execute the Contract, the City Council may award the Contract to the next lowest Responsible Bidder submitting a Responsive Bid.
(5) 
Bid Opening Procedure.
Sealed Bids shall be submitted to the Director and shall be identified as to Bidder, project, and bid title/number on the envelope. Bids shall be opened by the Director in public at the time and place stated in the NIB. Alternatively, sealed Bids may be received by the City via an electronic bid management system in accordance with this Chapter.
(6) 
Award.
If a Contract is awarded, the Contract shall be awarded by the City Council to the lowest Responsible Bidder submitting a Responsive Bid. In the event the lowest Responsive Bid submitted by a Responsible Bidder exceeds budgeted funds, the City Manager is authorized, when time or economic considerations preclude issuance of a new NIB with a reduced scope, to negotiate an adjustment of the Bid with the lowest Responsible Bidder, in order to bring the Bid within the amount of budgeted funds available. If negotiations to reduce the scope and reduce the Bid with the lowest Responsible Bidder are successful, the City Manager shall submit a report of the Bids to the City Council with a recommendation concerning acceptance or rejection of the reduced scope and reduced Bid, and the City Council shall thereupon approve or disapprove the recommendation. The City Council may waive irregularities in a Bid.
(7) 
Tie Bids.
If two or more Bids received are determined to be the lowest and Responsive Bids submitted by Responsible Bidders, the City Council may accept either Bid. Should tie bids be received the following priority list will apply to the award:
(a) 
Business located within City boundaries with a valid business license;
(b) 
Coachella Valley based Business;
(c) 
Riverside County based Business; or
(d) 
State of California based Business.
(8) 
No Bids.
If no Bids are received, the Public Project may be performed by City employees by Force Account, or by negotiated Contract without further complying with this Title.
(9) 
Rejection of Bids.
The City Council may reject all Bids presented and shall have the option of any of the following:
(a) 
Abandon the Public Project;
(b) 
Issue a new NIB in the manner described in this Chapter; or
(c) 
By passage of a four-fifths vote of the City Council declare that the Public Project can be constructed more economically by City employees, and have the Public Project completed by Force Account without further complying with this Chapter.
(Ord. 2049 § 1, 2021)
(1) 
When it is considered in the best interest of the City to pre-qualify Contractors for Public Projects, the Director may approve the use of a pre-qualification process.
(2) 
The City has elected to adopt the pre-qualification procedures of Public Contract Code section 20101 for individual Public Projects, which includes without limitation the following requirements:
(a) 
Utilization of a standardized questionnaire and financial statement in a form specified by the City (Section 20101 (a));
(b) 
Application of a uniform system of rating contractors on objective criteria, and on the basis of the completed questionnaire and financial statement (Section 20101(b));
(c) 
An appeal procedure by which a contractor that is denied pre-qualification may seek a reversal of that determination (Section 20101(d)).
(3) 
The Director shall make a recommendation to City Council based on the findings of the evaluation process. Only those Contractors successfully completing the pre-qualification process and approved by the City Council shall be allowed to submit Bids for that Public Project.
(4) 
If a prospective Contractor is denied pre-qualification and the Contractor disputes its pre-qualification rating, the following appeal process shall be followed:
(a) 
Upon written request by the Contractor received by the City within two business days after receiving notification of its pre-qualification rating, the Contractor will be provided the basis for the Contractor's disqualification and any supporting evidence obtained by the City as a result of its investigation of the Contractor;
(b) 
The Contractor shall, within five business days of receipt of the City's basis for the Contractor's disqualification, provide a written rebuttal to the City's disqualification determination with all supporting evidence;
(c) 
The Director will consider the Contractor's written rebuttal, and may uphold or reverse the Director's original disqualification determination based on the evidence submitted, and a written final determination of the Contractor's qualification status will be provided to the Contractor within five business days of the City's receipt of its written rebuttal;
(d) 
The Director's final written determination is conclusive and will be forwarded to the City Council as part of its action to approve the list of pre-qualified Contractors;
(e) 
A Contractor's appeal rights are limited to the process identified herein, and no other appeal process shall apply.
(Ord. 2049 § 1, 2021)
(1) 
Policy.
Modifications to a Contract for a Public Project through a City issued Change Order documenting the amendments to the Contract may be utilized for purposes of: (1) adding and/or deleting quantity of items being constructed; (2) modifying unit prices; (3) modifying the scope of work of the Public Project; (4) changing the funding sources; (5) changing the performance schedule; or (6) any other change required by the City.
(2) 
Specific Authority.
(a) 
The City Manager may approve Change Orders for Public Projects if the amount of the Change Orders aggregated with the original Contract does not exceed the amount identified by Public Contract Code section 22032(b), subject to an unencumbered appropriation in the funds against which such expenditure is to be charged.
(b) 
The City Council shall approve Change Orders for Public Projects where the amount of the Change Orders aggregated with the original Contract exceeds the amount identified by Public Contract Code section 22032(b). During the approval of a Contract for a Public Project by the City Council, the City Council may delegate specific Signature Authority to approve Change Orders, specific to that Public Project, based on either a percentage of the original Contract amount or a specific dollar amount. If no specific Signature Authority is given by the City Council, the City Manager may approve Change Orders for a City Council awarded Contract up to the amount identified by Public Contract Code section 22032(b), subject to an unencumbered appropriation in the funds against which such expenditure is to be charged.
(3) 
Exception.
Change Orders in excess of the City Manager's Signature Authority or the amount identified by Public Contract Code section 22032(b) may be approved by the City Manager and submitted to the City Council for ratification at its next available regular meeting under the following circumstances:
(a) 
The failure to immediately issue a Change Order may result in significant cost increases or an unacceptable delay due to work stoppage or other inefficiencies;
(b) 
A regularly scheduled meeting of the City Council is not available within a reasonable period of time to sufficiently remedy the issue presented with the proposed Change Order; and
(c) 
Funding for the Change Order is currently available within the appropriated budget for the Public Project.
(Ord. 2049 § 1, 2021)
(1) 
Policy.
(a) 
Modifications to a Public Project through a City issued written Field Order documenting minor changes to the scope of work may be utilized for administrative efficiencies where the use of Field Orders are specifically provided for in the Specifications issued for a Public Project. Field Orders shall not be used in place of Change Orders where amendments to the Contract for the Public Project are otherwise required.
(b) 
Field Orders shall be limited to minor adjustments to the scope of work directly related to the Public Project, and shall identify the description of the scope of work and the cost therefor, with such documentation justifying the price as deemed necessary by the City Engineer.
(c) 
The City Engineer shall maintain an accounting of all Field Orders approved and the balance remaining in the allowance specified therefor in the Bid. Approval of Field Orders shall not increase the maximum price of the Bid for the Public Project, and a reduction of the Bid shall be made through a Change Order when the total cumulative price of Field Orders approved by the City Engineer is less than the total allowance therefor specified in the Bid.
(d) 
The Specifications issued for the Public Project may contain further regulations regarding the use of Field Orders as may be deemed necessary by the City Engineer.
(2) 
Approval Authority.
The City Engineer shall have authority to approve Field Orders related to Contracts for construction of Public Projects previously awarded by the City Manager or City Council, as the case may be, provided the Specifications for the Public Project and the Bid therefor incorporate an allowance for Field Orders that is included in the maximum price of the Bid for the Public Project so awarded.
(Ord. 2049 § 1, 2021)
The City Manager, or designee, upon a recommendation of the City Engineer, is authorized to accept the work completed by Contractors associated with a Public Project on behalf of the City Council, and is authorized to execute and cause to be recorded notices of completion where required or authorized by law. Upon acceptance of the work by the City Manager or designee, the City Clerk is authorized to release bonds and security instruments filed with the City associated with the Public Project as otherwise required in the Specifications issued by the City for the Public Project.
(Ord. 2049 § 1, 2021)