For those projects which qualify under subsection (b) of Sec. 3-10.302 for informal bidding, the following procedures shall be used:
(a) Bidder List. The City shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maintenance of the contractors' list shall be consistent with the California Uniform Construction Cost Accounting rules.
(b) Notice. Unless the product or service is proprietary, all contractors on the City's list for the category of work being bid shall be mailed a notice inviting informal bids, or an announcement/ advertisement shall be placed in all construction trade journals specified in this section, or both such mailing and advertising. The trade journals shall be those identified by the California Uniform Construction Cost Accounting Commission as appropriate for this area. In addition, notice shall be posted on the City's Purchasing website.
(c) 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.
(d) Minimum Time Period. All mailing of notices to contractors and announcements/ advertisements published in the construction trade journals pursuant to subdivision (b) shall be completed not less than ten (10) calendar days before bids are due.
(e) Notice Contents. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, and state the time and place for the submission of bids.
(f) Performance/Labor/Materials Bonds. A labor and materials bond, plus a performance bond shall be required, from a surety company licensed to do business in California and acceptable to the City, in amounts equivalent to the total contract amount.
(g) Bid Opening Procedure. Sealed bids shall be submitted to the City Clerk Department 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. At that time, a written record and tabulation shall be made of all bids received, and shall be open for public inspection during regular business hours for a period of one year after the, bid opening. The project manager shall make an analysis of the bids for compliance with bid specifications, and thereafter, make a recommendation for award or rejection.
(h) Award. The City Manager shall award the contract or reject the bids. The Purchasing Officer may waive minor bid irregularities.
(i) 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 Contract Amendments or Change Orders up to the contract contingency approved by the City Council as awarded for the individual contract as follows:
(1) City Manager may approve Project Change Orders until the contract reaches One Hundred Seventy-five and no/100th ($175,000.00) Dollars or as is reflected under Section 22020 of the Public Contract Code.
(2) Once the original contract plus all accumulated Change Orders are in an amount that is equal to One Hundred Seventy-five and no/100th ($175,000.00) Dollars or as is reflected under Section 22020 of the Public Contract Code, the contract and subsequent Change Orders must be approved by City Council prior to commencing with the work.
(j) Bids in Excess of Statutory Amount. If all bids received are in excess of One Hundred Seventy-five Thousand and no/100ths ($175,000.00) Dollars or as is reflected under Section 22020 of the Public Contract Code, the City Council may, by passage of a resolution by a four-fifths (4/5) vote, award the contract up to One Hundred Eighty-seven Thousand Five Hundred and no/100ths ($187,500.00) Dollars or less or as is reflected under Section 22020 of the Public Contract Code to the lowest responsive and responsible bidder if it determines the cost estimate of the City was reasonable.
(§ 1, Ord. 1638-NS, eff. January 12, 2018)