(A) Uses of formal bidding procedure. This formal bidding procedure shall be used whenever formal bidding is required for a public project.
(B) Required process. The formal competitive bidding procedure shall comply with all aspects of state and local law governing formal competitive bidding including, but not limited to, the California Public Contract Code, California Government Code, California Labor Code, resolutions of the City Council as may be adopted from time to time, and policies and procedures as the City Manager may approve from time to time.
(C) Notice inviting formal bids. Notice inviting formal bids shall be provided. The notice inviting formal bids shall comply with § 22037 of the Act, as such section may be amended from time to time. Notices shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. At a minimum, the notice inviting formal bids shall:
(1) Describe the project;
(2) State how to obtain more detailed information about the project;
(3) State the date, time, and place for the submission of sealed bids; and
(4) Include any other information required by state or local law, as determined by the City Attorney.
(D) Published notice. The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation printed and published in the city, or, if there is no such newspaper, in a newspaper of general circulation which is circulated in the city.
(E) Distribution of notice inviting formal bids. The notice inviting formal bids shall also be sent to those construction trade journals specified in § 22036 of the Act at least 15 calendar days before the date of bid opening. Notice shall be sent by either facsimile or electronic mail, if available, in addition to by mail.
(F) Additional notice. The city shall also provide any additional notice as it deems proper.
(G) Contents of remaining bid and contract documents. The contents and form of the remaining bid and contract documents shall be approved by the director of the using department, as well as the City Attorney.
(H) Bidder's security. When required by applicable law or determined necessary by the purchasing agent or his or her designee, each bidder shall be required to provide appropriate security to guarantee its bid. Upon refusal or failure to execute the required contract or agreement and provide all required information and documentation, the full amount of the bid security shall be forfeited, except to the extent limited by applicable law.
(I) City's authority. The city may reject any or all bids received, and may waive any minor irregularities in each bid received.
(J) No bids received. If no bids are received, the authorized contracting party may award the contract by any alternative procedure.
(K) Award of contract. The contract shall be awarded in accordance with § 3.08.050(G). If two or more bids are the same and the lowest, the city may accept the one it chooses.
(L) Rejection of bids. The city may, in its sole and absolute discretion, reject any bids presented. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates for the project, the city shall have the option of any of the following:
(1) Abandon the project;
(2) Readvertise for bids in the manner described in this chapter; or
(3) By passage of a resolution by a four-fifths vote of the City Council, declare that the project can be performed more economically by the employees of the city and have the project done by force account.
(Ord. 3065 § 4, 2011; Ord. 2790 § 2 (part), 2005.)