As used in this chapter, the following words and terms shall
be defined as follows unless the context indicates that a different
meaning is intended:
"Bid"
means the response submitted by a bidder to an invitation
for bids issued by the city for goods, services or public projects.
"Facility"
shall have the same meaning as set forth in Section 22002
of the Act and includes any plant, building, structure, ground facility,
utility system (subject to the limitation found in Public Contract
Code Section 22002), real property, streets and highways, or other
public work improvement.
"Force account"
means work performed on public projects using internal resources,
including, but not limited to, labor, equipment, materials, supplies,
and subcontracts of the public agency.
"Informal bid" or "quotation"
means a competitive bid that is submitted by a bidder for
procurement of goods or services for which formal bidding is not required.
"Maintenance work"
shall have the same meaning as set forth in Public Contract
Code Section 22002. For the purpose of this chapter, maintenance work
is not considered a public project. Maintenance work includes:
1.
The routine, recurring, and usual work for the preservation
or protection of any publicly owned or operated facility for its intended
purposes.
3.
Resurfacing of streets and highways at less than one inch.
4.
Landscape maintenance including mowing, watering, trimming,
pruning, planting, replacement of plants, and servicing of irrigation
and sprinkler systems.
"Public project"
shall have the same meaning as set forth in Public Contract
Code Section 22002 and includes the following:
1.
Construction, reconstruction, erection, alteration, renovation,
improvement, demolition, and repair work involving any publicly owned,
leased, or operated facility.
2.
Painting or repainting of any publicly owned, leased, or operated
facility.
(Ord. 1271 § 2, 2019)
Notice to contractors for informal bids will be in accordance
with
Public Contract Code Section 22034 and Article 2 (commencing
with Section 22010) of the uniform construction accounting procedures.
(Ord. 1271 § 2, 2019; Ord. 1286 § 1, 2021)
A. Notice
Inviting Informal Bids.
1. In
accordance with
Public Contract Code Section 22034, when a public
project is permitted to be let to contract by informal bidding pursuant
to this chapter, a notice inviting informal bids shall be mailed and/or
emailed and/or faxed to all construction trade journals specified
in Section 22036. The notice inviting informal bids shall describe
the project, and state the time and place for the submission of bids.
2. Optional
Noticing. Notice may be also provided to any additional contractors,
publications and/or construction trade journals identified by the
city manager or the city manager's designee.
B. Exception.
If the product or service to be procured for a public project 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. Time
of Giving Notice. All mailing of notices to contractors and construction
trade journals pursuant to this section shall be completed not less
than ten calendar days before bids are due.
D. Description
of Project. The notice inviting informal bids shall describe the project
in general terms and how to obtain more detailed information about
the project, and state the time and place for the submission of bids.
E. Authority
to Award Contracts. The city manager is authorized to award a contract
for a public project pursuant to the process set forth in this section
if the lowest bid received is fifty thousand dollars or less. Contracts
valued at more than fifty thousand dollars will require city council
approval.
F. Bids
Exceeding Two Hundred Thousand Dollars. If all bids received pursuant
to the informal process are in excess of two hundred thousand dollars
(or the current amount as specified in Article 3, Chapter 2 of Part
3 of Division 2, Section 22034(d) of the
Public Contract Code), the
city council may adopt a resolution by a four-fifths vote to award
the contract to the lowest responsible bidder at two hundred twelve
thousand five hundred dollars (or the current amount as specified
in Section 22034(d) of the
Public Contract Code) or less, if it determines
the city's cost estimate was reasonable.
G. Award
of Contract. Any contract awarded pursuant to this section shall be
awarded to the lowest responsible bidder. If two or more bids received
are for the same total amount or unit price, quality and service being
equal, the approving entity may accept either bid.
H. No Bids.
If no bids are received, the project may be performed by city employees
by force account, or negotiated contract without further complying
with this chapter.
(Ord. 1271 § 2, 2019; Ord. 1286 § 1, 2021)
For those projects requiring formal bidding under Section
3.30.030, the following procedures shall be used:
A. Publication
of Notice. In accordance with
Public Contract Code Section 22037,
a notice shall be published, at least once, fourteen calendar days
before the date of opening the bids in a newspaper of general circulation
printed and published in the jurisdiction of the city. The notice
inviting formal bids shall also be sent electronically, if available,
by either facsimile or email, and mailed to all construction trade
journals specified by the commission in accordance with Public Contract
Code Section 22036 specified as appropriate for the area. The notice
shall be mailed at least fifteen calendar days before the date of
opening the bids. The notice inviting formal bids shall state the
time and place for the receiving and opening of sealed bids and distinctly
describe the project. In addition to notice required by this section,
the city may give such other notice as it deems proper.
B. Bidder's
Security/Failure to Sign Contract. When deemed necessary bidder's
security shall be prescribed in the notice inviting bids in an amount
equal to ten percent of the amount bid. Bidder's security shall be
either a cash deposit with the city, a cashier's or certified check
payable to the city, or a bidder's bond. Unsuccessful bidders shall
be entitled to the return of bid security within sixty days of the
date of the award. On the refusal or failure of the lowest responsive
and responsible bidder to execute the contract, the city council may
award the contract to the next lowest responsive and responsible bidder.
Should the lowest responsive and responsible bidder refuse or fail
to execute the contract within ten days after the date of the award
of the contract, then the bidder shall be deemed to have forfeited
the bid security amount to the city. The city may retain as damages
an amount out of the bid security equal to the difference between
the lowest bid and the second lowest bid and return the excess bid
security amount, if any, to the lowest bidder. All bids must be signed
by an individual or individuals authorized to bind the bidder to bid
terms.
C. Bid
Opening Procedure. Sealed bids shall be submitted to the city clerk's
office and shall be identified as to bidder, project, and shall state
"Bid" on the envelope. Bids shall be opened by the city clerk's staff
in public at the time and place stated in the notice inviting bids.
A written record and tabulation shall be made at that time of all
bids received by the deadline. Bids that are received after the submittal
deadline shall be marked as "Late" and shall not be opened at the
bid opening and shall not be considered for award. Bids shall be open
for public inspection in accordance to the California Public Records
Act.
D. Award
of Contracts/Minor Irregularities. Contracts shall be awarded by the
city council to the lowest responsive and responsible bidder whose
bid fulfills the purpose intended, according to criteria designated
in the solicitation, and provided the award amount is within the unencumbered
appropriation for that item. The city council may waive minor bid
irregularities.
E. Change
Orders. A "change order" shall be used to modify the contract documents
regarding contract price, schedule of payments, completion date, plans
and specifications, and for unit price overruns and under runs, as
specified in the contract. Work description and justification must
relate to the original project and must be work necessary to achieve
original scope of project. After a determination that costs are merited
by developments in a specific project, the purchasing officer, city
manager is authorized to issue contract amendments or change orders
up to the contract contingency approved by the city council.
F. Tie
Bids. If two or more bids received are for the same total amount or
unit price, the city council may accept either bid.
G. Performance/Labor/Materials
Bonds. A labor and materials bond, plus a performance bond shall be
required, from an acceptable surety, in such amounts and in such a
form as the city finds reasonably necessary to protect the public
interest.
H. No Bids.
If no bids are received, the project may be performed by city employees
by force account or negotiated contract, without further complying
with this chapter.
(Ord. 1271 § 2, 2019)
The following rules apply to rejecting formal bids for public
projects:
A. In accordance
with
Public Contract Code Section 22038, the city council may, in
its discretion, reject any bids presented, if the city, prior to rejecting
all bids, furnishes a written notice to an apparent low bidder. The
notice shall inform the bidder of the city's intention to reject the
bid and shall be mailed at least two business days prior to the city
council meeting at which the city intends to reject the bid. If after
the first invitation of bids all bids are rejected and after reevaluating
its cost estimates of the project, the city shall have the option
of either of the following:
1. Abandoning
the project or re-advertising for bids in the manner described by
this chapter.
2. Have
the public project done by force account without further complying
with this chapter, provided the city council has passed a resolution
by a four-fifths vote declaring that the project can be performed
more economically by city employees.
B. Lowest
Bidder. If a contract is awarded, it shall be awarded to the lowest
responsible bidder.
C. No Bids.
If no bids are received through the formal or informal procedure,
the project may be performed by the employees of the city, by force
account, or negotiated contract without further complying with this
chapter.
(Ord. 1271 § 2, 2019)
Any interested party may file a protest regarding the procurement
decisions authorized under this chapter.
A. Notice
of Decision. After a decision regarding a public project procurement
having a value over sixty thousand dollars has been made, the department
head or designee shall notify all persons who submitted a response
to a city solicitation of intended award. If a bidder is rejected
because the bid is found non-responsive or because the bidder is deemed
not-responsible, the city will give written notice to said bidder
of evidence reflecting such decision.
B. Time
to File Protest. All protests must be filed in writing and received
by the department head within five business days following the bid
opening.
C. Form
of Protest. All protests shall be in writing, state the grounds for
the protest, state the facts relevant to the protest, and all evidentiary
support to rebut adverse evidence that it or another bidder was either
nonresponsive or not responsible.
D. City
Manager Review. The city manager or designee shall review the protest
and issue a written decision on the protest. The city manager or designee
may base the decision on the written protest alone or may informally
gather evidence from the person(s) filing the protest or any other
person having relevant information. For procurements having a value
of two hundred thousand dollars or less, the city manager's or designee's
decision shall be final.
E. Hearing on Protest. If a bid was rejected on the grounds that the bidder was not a responsible bidder, the protesting party must submit materials set forth in subsection
C of this section for consideration. An opportunity to be heard will be set within a reasonable time to provide a decision before final approval of the selected low bid. For procurements having a value of two hundred thousand dollars or less, the city manager's or designee's decision shall be final.
F. Appeal
of City Manager's Decision to City Council. For procurements having
a value exceeding two hundred thousand dollars, an appeal of the city
manager's decision may be filed with the city council. All such appeals
must be in writing, and shall be filed with the city clerk within
five business days from the date of the city manager's decision.
G. Failure
to Timely Appeal. An interested party who fails to file a protest
within the times set forth in this section waives any right to protest
the issue further. No appeal to either the city manager or city council
of any decision to award a bid under may occur once the contract has
been awarded.
(Ord. 1271 § 2, 2019)
In accordance with
Public Contract Code Section 22039, the city council or its designated representative shall adopt plans, specifications, and working details for all public projects exceeding the amount specified in subsection (B)(3) of Section
3.30.030. In accordance with
Public Contract Code Section 22040, any person may examine the plans, specifications, or working details, or all of these, adopted by the city for any public project.
(Ord. 1271 § 2, 2019)