For those projects requiring formal bidding under Section 2.21.020, the following procedures shall be used:
(a) Notice. A notice shall be published, at least once, fourteen (14) 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. The notice shall be mailed at least fifteen (15) 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. Bidder’s security shall be prescribed in the notice inviting bids in an amount equal to ten (10%) 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 (60) days of the date of the award. However, the lowest responsive and responsible bidder shall forfeit all or part of his/her bid security, as may be determined by the city council, upon the bidder’s refusal or failure to execute the contract within ten (10) days after the date of the award of the contract. 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. All bids must be signed by person authorized to bind company 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 “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 during regular business hours for a period of one year after the bid opening.
(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 city manager is authorized to issue 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, quality and service being equal, and if the public interest will not permit the delay or re-advertising for bids, 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, informal bidding procedures, or negotiated contract, without further complying with this chapter.
(Ord. 18-954 § 3 (part), 2018)