2.48.210 Informal public project bidding procedure.
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 chapter, and applicable supplemental regulations.
A. 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.
B. Bidder List. The city shall maintain a list of qualified contractors in accordance with Public Contact Code Section 22034.
C. 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. The city may elect to mail, fax, or email the IFB to construction trade journals in accordance with Public Contract Code Section 22036. The IFB 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 to qualified contractors and/or construction trade journals shall be completed not less than ten calendar days before bids are due.
D. Bidder's Security/Failure to Sign Contract. Bidder's security shall be prescribed in the IFB 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 ten 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.
E. 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. Alternatively, sealed bids may be received by the city via an electronic bid management system in accordance with this chapter.
F. 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).
G. 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:
1. Business located within city boundaries with a valid business license;
2. San Bernardino county based business; or
3. State of California based business.
H. 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 chapter.
I. Rejection of Bids. The city manager may reject all bids presented and shall have the following options:
1. Abandon the public project;
2. Issue a new invitation for informal bids in the manner described in this chapter; or
3. 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.
J. 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. No. 1662 , § 2, 9-28-21)
Created: 2023-06-14 11:38:41 [EST]
(Supp. No. 34)