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.
7. 
Bidder's credit history.
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)