The city, by adoption of Resolution 87-22, has elected to become
subject to the California Uniform Construction Cost Accounting Procedures
referred to in the Uniform Public Construction Cost Accounting Act
(the "Act,"
Public Contract Code Section 22000 et seq.) and to meet
the requirements prescribed in the California Uniform Public Construction
Cost Accounting Commission's Cost Accounting Policies and Procedures
Manual (the "Manual") as the same may be amended from time to time.
The terms referred to herein shall have the meanings assigned to them
in the Act and the Manual.
(Ord. 941 § 3, 2006; Ord. 1117 § 2, 2017; Ord. 1151 § 2, 2019)
With respect to Sections
3.34.030(A),
3.34.030(B), and
3.34.040 of this chapter, the city council may set forth restrictions, limitations, or further prescriptions by city council resolution, with this chapter being considered as enabling and directive in this regard.
(Ord. 1117 § 2, 2017; Ord. 1151 § 2, 2019)
A. Public
projects within the limits listed in part (a) of Section 22032 of
the
Public Contract Code, as may be amended from time to time, may
be performed by the employees of the city by force account, by negotiated
contract, or by purchase order, as determined by the city manager.
(Note: As of the effective date of the ordinance codified in this
chapter, the limit provided in Section 22032(a) of the Public Contract
Code is sixty thousand dollars or less.)
B. Public
projects within the limits listed in part (b) of Section 22032 of
the
Public Contract Code, as may be amended from time to time, may
be let to contract by informal procedures as set forth in the Act
and this chapter. (Note: As of the effective date of the ordinance
codified in this chapter, the limit provided in Section 22032(b) of
the
Public Contract Code is two hundred thousand dollars or less.)
C. Public
projects within the limits listed in part (c) of Section 22032 of
the
Public Contract Code, as may be amended from time to time, shall,
except as otherwise provided in this chapter, be let to contract by
formal bidding procedures as set forth in the Act and this chapter.
(Note: As of the effective date of the ordinance codified in this
chapter, the limit provided in Section 22032(c) of the Public Contract
Code is greater than two hundred thousand dollars.)
(Ord. 941 § 3, 2006; Ord. 1117 § 2, 2017; Ord. 1151 § 2, 2019)
A. In accordance
with
Public Contract Code Section 22034, all contractors on the list
for the category of work being bid and/or all construction trade journals
specified by the California Uniform Construction Cost Accounting Commission
(the "Commission") shall be mailed a notice inviting informal bids.
Additional contractors and/or construction trade journals may be notified
at the discretion of the department soliciting the bids. If there
is no list of qualified contractors maintained by the city for the
particular category of work to be performed, the notice inviting bids
shall be sent only to the construction trade journals specified by
the commission. As the city council may affirm through adoption of
a resolution, if such resolution is adopted, informal public works
contracts between twenty-five thousand dollars and sixty thousand
dollars shall not be subject to this subsection.
B. If the
product or service is proprietary in nature such that it can be obtained
only from a certain contractor or contractors, the notice inviting
informal bids may be sent exclusively to such contractor or contractors.
C. All
mailing of notices to contractors and construction trade journals
inviting informal bids shall be completed not less than ten days before
bids are due.
D. The
notice inviting informal bids shall describe the project in general
terms, how to obtain more detailed information about the project,
and shall state the time and place for the submission of bids.
E. The
notice inviting informal bids shall also provide notice that the contract
is not subject to prevailing wage laws unless the project is one for
which prevailing wages will be paid pursuant to Section 3.34.100.
F. Notwithstanding anything else to the contrary in Section
3.34.030, as the city council may affirm through adoption of a resolution, if such resolution is adopted, informal public works contracts of less than twenty-five thousand dollars shall not require contracts nor city council approval, except that public works contracts for prevailing wages involving alteration, demolition, repair or maintenance activities with contracts valued between an amount over fifteen thousand dollars and less than twenty-five thousand dollars shall require contracts due to notice requirements imposed on the city by the Department of Industrial Relations pursuant to
Labor Code Section 1773.3.
G. Notwithstanding anything else to the contrary in Section
3.34.030, as the city council may affirm through adoption of a resolution, if such resolution is adopted, informal public works contracts between twenty-five thousand dollars and two hundred thousand dollars shall be awarded by the city council.
(Ord. 941 § 3, 2006; Ord. 1117 § 2, 2017; Ord. 1151 § 2, 2019)
In accordance with
Public Contract Code Section 22034(d), if
all informal bids received are in excess of two hundred thousand dollars,
the city council may, by passage of a resolution by a four-fifths
vote, award the contract at two hundred twelve thousand five hundred
dollars or less to the lowest responsible bidder if it determines
the cost estimate prepared by city staff was reasonable.
(Ord. 941 § 3, 2006; Ord. 1117 § 2, 2017; Ord. 1151 § 2, 2019)
A. In accordance with
Public Contract Code Section 22037, at least fifteen calendar days before bids are opened, mailed notice inviting formal bids shall be provided to the list of contractors and/or trade journals specified in Section
3.34.040.
B. The
notice inviting formal bids shall be published or posted at least
fourteen calendar days prior to the date of the bid opening and as
required by
Public Contract Code Section 22037.
C. The
notice inviting formal bids shall state the time and place for the
receipt and opening of sealed bids and shall distinctly describe the
project.
D. The
notice inviting formal bids shall also provide notice that the contract
is not subject to prevailing wage laws unless the project is one for
which prevailing wages will be paid pursuant to Section 3.34.100.
E. All
formal public works contracts shall be awarded by the city council.
(Ord. 941 § 3, 2006; Ord. 1117 § 2, 2017; Ord. 1151 § 2, 2019)
A. The
formal and informal bidding requirements of this chapter shall not
apply when the city is able to enter into a public works contract
with a contractor pursuant to pricing and terms that have been previously
established by another governmental entity ("participating public
agency"), provided that the director of public works, with the consent
of the city manager, finds that:
1. The
contract with the contractor is the result of competitive bidding
or negotiation and is made in compliance with the competitive bid
or proposal requirements of the participating public agency devoid
of fraud perpetrated by any public official or staff, or collusion
or fraud among the contractor or any subcontractor, all of which determination
is solely based on a thorough and complete investigation and review
of all relevant documents, including, but not limited to, all bid
documents and specifications, staff reports and approved minutes,
it being understood that certain evidence extrinsic to such documents
may not be readily available nor accessible to the public works director
and city manager; and
2. The
contract awarded by the participating public agency was awarded to
the lowest responsive and responsible bidder, in compliance with the
Public Contract Code; and
3. The
purchase conforms to the city's contract specifications; and
4. The
estimated price of the purchase is lower than that estimated for the
purchase if made directly by the city pursuant to other sections of
this chapter; and
5. The
participating public agency's bid documents contain a provision notifying
contractors that the price bid by each contractor, if awarded the
contract, shall be made available to other public agencies such as
the city of Rancho Mirage.
B. If staff finds that there was a protest or claim filed by any losing bidder, a more complete review of the participating public agency's bidding process shall be ordered by the city manager, and the city shall not dispense with the formal and informal bidding requirements of this chapter unless and until the director of public works, with the consent of the city manager, makes all the findings set forth in subsection
A.
(Ord. 941 § 3, 2006; Ord. 1117 § 2, 2017; Ord. 1151 § 2, 2019)
A. In accordance
with
Public Contract Code Section 22038, at the time provided in the
notice inviting bids, all bids timely received shall be opened, evaluated
and, unless all bids are rejected, the contract shall be awarded to
the lowest responsible bidder.
B. If two
or more bids are the same and the lowest, the city may accept the
one it chooses. 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 negotiated contract.
C. The
city may, in its discretion, reject all bids presented, by following
the procedures specified at
Public Contract Code Section 22038. If
after the first invitation of bids all bids are rejected, after reevaluating
its cost estimates of the project, the city council may elect to either
abandon the project, re-advertise the project, or by passage of a
resolution by a four-fifths majority of the city council declaring
the project can be performed more economically by its employees, the
city may have the project done by force account.
(Ord. 941 § 3, 2006; Ord. 1117 § 2, 2017; Ord. 1151 § 2, 2019)
The grounds for which the city attorney may recommend the rejection
of bids to the city council may include the following:
A. Responsive
and responsible bids that do not represent the lowest total cost estimate
of the project.
B. Failure
to conform to the specifications and requirements of the bid proposal
form, including, but not limited to, errors, omissions, defects and/or
irregularities, shall be rejected as nonresponsive bids. The city
may, but is not required to, waive any minor deviations that do not
materially affect the amount of the bid or result in an unfair competitive
advantage in the bidding process.
C. Bids
that do not demonstrate the requisite trustworthiness, quality, fitness,
capacity and/or experience to satisfactorily perform the particular
requirements of the proposed work shall be rejected as nonresponsible.
Elements of a nonresponsible bid may include, but are not limited
to, one or more of the following:
1. Lack
of or insufficient experience and/or qualifications of bidder or subcontractor(s)
to perform the proposed work.
2. Lack
of or insufficient financial resources of bidder.
3. Unsatisfactory
references or work on previous city projects or other public projects.
4. Lack
of or expired licenses or license designations of the bidder or subcontractor(s)
required to perform the proposed work.
5. History
of bidder's surety experience.
6. History
of bidder's insurance losses and/or workers' accidental deaths.
8. Delegation
of work to subcontractor(s) exceeding fifty percent of the total proposed
work.
9. History
of violations with state regulatory agencies, including, but not limited
to, the Department of Industrial Relations, the Contractors State
License Board, and the California Division of Occupational Safety
and Health (Cal OSHA).
(Ord. 941 § 3, 2006; Ord. 1117 § 2, 2017; Ord. 1151 § 2, 2019)
Maintenance work, as defined by the Act, may, at the discretion
of the city manager, be performed by city employees by force account
or by an outside contractor.
(Ord. 941 § 3, 2006; Ord. 1117 § 2, 2017; Ord. 1151 § 2, 2019)
A. In accordance
with
Public Contract Code Section 22035, in cases of emergency when
repair or replacements are necessary, the city council may proceed
to replace or repair any public facility without adopting plans, specifications,
strain sheets, or working details, or giving notice for bids to let
contracts. The work may be done by day labor under the direction of
the city council, by contractor, or by a combination of both.
B. If notice
for bids to let contracts is not provided as a result of an emergency,
the city shall follow the emergency procedures set forth at Public
Contract Code Section 22050.
(Ord. 941 § 3, 2006; Ord. 1117 § 2, 2017; Ord. 1151 § 2, 2019)
A. This
section is applicable to all state and locally funded public works
projects except the following, which are expressly exempt from the
payment of prevailing wages by Section 1782 of the California Labor
Code:
1. City
public works projects with contracts awarded prior to January 1, 2015,
including the amendment, renewal or extension of such contracts;
2. City
public projects advertised for bid prior to January 1, 2015;
3. City
public works projects involving construction activities with contracts
valued at twenty-five thousand dollars or less; and
4. City
public works projects involving alteration, demolition, repair, and
maintenance activities with contracts valued at fifteen thousand dollars
or less.
B. All
public works projects not otherwise exempt from this section or any
other applicable law or regulation shall be subject to California's
prevailing wage laws (
Labor Code Section 1770 et seq.). Any notice
inviting bids for such public works projects shall include notification
of the provisions of this section.
(Ord. 1087 § 3, 2014; Ord. 1117 § 2, 2017; Ord. 1151 § 2, 2019)
A. The
city shall not be required to comply with the provisions of this chapter
or any state law pertaining to the bidding, awarding and/or administration
of a public works contract otherwise applicable to a particular project,
if the city council concludes that the city's interests would best
be served by entering into a negotiated design/build contract for
the project's construction.
B. The
city council's conclusion for a design/build contract should be based
upon supportive findings that the proposed design/build contract will:
(1) provide for realistic and accurate budget estimates at the start
of the planning process and thus contribute to more effective budget
management; (2) avoid the delays and costly change orders that result
from the traditional design-bid-build method of contracting; and (3)
allow the city council to consider the overall design, aesthetic,
and quality standards of the project's design.
(Ord. 941 § 3, 2006; Ord. 1117 § 2, 2017; Ord. 1151 § 2, 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 chapter requiring work to be done by contract after competitive
bidding.
(Ord. 941 § 3, 2006; Ord. 1117 § 2, 2017; Ord. 1151 § 2, 2019)