CHAPTER 17B. UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT--PROCUREMENT REGULATIONS.
Article I. Public Projects.
Sec. 17B-1-6. Formal bidding procedure.
(a) Uses of Formal Bidding Procedure. This formal bidding procedure shall
be used whenever formal bidding is required by state and local law and this
(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 Public Contract Code,
Government Code, Labor Code, resolutions of the city council as may be adopted
from time to time, and the city’s purchasing policies and
(c) Notice Inviting Formal Bids. Notice inviting formal bids
shall be provided and shall comply with Public Contract Code Section 22037. At a
minimum, the notice inviting formal bids shall:
(1) Describe the
(2) State how to obtain more detailed information about the
(3) State the date, time, and place for the submission of sealed
(4) Include any other information required by state or local law,
as determined by the city attorney.
(d) Published Notice. Notice inviting
formal bids shall be published pursuant to the requirements for publication set
forth in Public Contract Code Section 22037.
(e) Distribution of Notice
Inviting Formal Bids. Notice inviting formal bids shall also be sent to those
construction trade journals specified in Public Contract Code Section 22036
pursuant to the requirements for notices inviting formal bids set forth in
Public Contract Code Section 22037.
(f) Additional Notice. The city shall
also provide any additional notice as it deems proper.
(g) Contents of Bid
and Contract Documents. The contents and form of the bid and contract documents
shall be approved by the department head of the using department, as well as the
city attorney; provided, however, that the city attorney need not review or
approve the contents of the technical specifications, drawings, and other
(h) Confidentiality. Only sealed bids shall be accepted
by the city. Sealed bids shall not be opened prior to the date of bid opening,
as specified by the city in its notice inviting formal
(i) Bidder’s Security. When required by applicable law or
determined necessary by the purchasing officer 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 state or local
(j) No Bids Received. If no bids are received, the city council may
award, or may designate the city manager to award, the contract by any
(k) Rejection of Bids. The city may, in its sole and
absolute discretion, reject all bids presented and may waive any minor
irregularities in each bid received. 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
(2) Readvertise for bids in the manner described in this chapter;
(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. No. 1474, § 3