The text
(a)
Contracts for Public Projects and Maintenance Work of More Than Two Hundred Thousand Dollars.
Public projects and maintenance work of more than two hundred thousand dollars (or as thereafter amended by the commission), shall be procured through the following formal bidding procedures prescribed by Public Contract Code Section 22037: (1)
Notice Inviting Formal Bids. The public works director or his designee shall publish a notice inviting formal bids for public projects and maintenance work at least fourteen calendar days before the bid opening date in a newspaper of general circulation in the city. Additionally, the purchasing agent or designee shall send an electronic notice (via either facsimile or electronic mail) inviting formal bids to all contractors on the list of qualified contractors and mailed to the designated construction trade journals specified in Public Contract Code Section 22036 at least fifteen calendar days before bids are due. The notice shall describe the project, how to obtain more detailed information about the project, and the time and place for submission of bids.
(2)
Bidder's Security. All bids presented in connection with the public project shall be accompanied by bidder's security in the form and amount prescribed by Public Contract Code Section 20170, which security shall be dealt with as prescribed therein. In all cases bidders shall be entitled to return of bid security provided that a successful bidder shall forfeit its bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
(3)
Bid Opening Procedure. Sealed bids shall be submitted to the department identified in the invitation for bid documents and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty calendar days after the bid opening.
(4)
Award of Contracts. Contracts shall be awarded by the city council to the lowest responsible bidder. The city council may, in its sole discretion, waive minor irregularities in the bids or in the bidding procedures. The city council may reject all bids presented and re-advertise for bids.
(5)
Tie Bids and No Bids. If two or more bids are the same and the lowest, the city council may accept the one it chooses. If no bids are received through the formal procedure, the project may be performed by city employees, by force account or negotiated contract without complying with this Section.
(6)
Rejecting Bids and Performing Project through City Employees. In its discretion, the city council may reject any bids presented, if the city, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the city, 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 hearing at which the city intends to reject the bid. If after the first invitation of bids, all bids are rejected, the city shall reevaluate its cost estimates of the project and either:
(A)
Abandon the project or re-advertise for bids in the manner described by this Section; or
(B)
May have the project completed by force account without further complying with this Section, if it passes a resolution by a four-fifths vote of the city council declaring that the project can be performed more economically by the employees of the city.
(7)
Performance Bonds. The director of public works or his designee shall have authority to require a performance bond before entering a contract in such amount as he/she finds reasonably necessary to protect the best interests of the city. If a performance bond is required the form and amount of the bond shall be described in the notice inviting bids.
(Ord. No. 774, § 3, 6-1-2021)