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)
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)