A. 
Commencing January 1, 2015, prevailing wages shall be paid for all State and locally funded public works projects except the following, which are expressly exempt from the payment of prevailing wages by Section 1782 of the California Labor Code:
1. 
City public works projects with contracts awarded prior to January 1, 2015, including the amendment, renewal or extension of such contracts;
2. 
City public projects advertised for bid prior to January 1, 2015;
3. 
City public works projects involving construction activities with contracts valued at $25,000 or less; and
4. 
City public works projects involving alteration, demolition, repair, and maintenance activities with contracts valued at $15,000 or less.
B. 
All public works projects not otherwise exempt from this section or any other applicable law or regulation shall be subject to California’s prevailing wage laws (Labor Code Section 1770 et seq.). Any notice inviting bids for such public works projects shall include notification of the provisions of this section.
(Ord. 557 11-4-14; Ord. 692 9-17-19)
The City, by adoption of Resolution 2017-012, has elected to become subject to the California Uniform Construction Cost Accounting Procedures referred to in the Uniform Public Construction Cost Accounting Act (the “Act,” Public Contract Code Section 22000 et seq.) and to meet the requirements prescribed in the Cost Accounting Policies and Procedures Manual (the “Manual”) promulgated by the California Uniform Public Construction Cost Accounting Commission, as such Manual may be amended from time to time. The terms referred to herein shall have the meanings assigned to them in the Act and the Manual. The Act sets forth different required bidding procedures depending on the dollar amounts of the contracts.
(Ord. 608 4-18-17; Ord. 692 9-17-19)
A. 
Public projects within the limits listed in Section 22032(a) of the Public Contract Code, as may be amended from time to time, may be performed by the employees of the City by force account, by negotiated contract, or by purchase order, as determined by the City Manager. Such dollar thresholds shall mirror the dollar thresholds set by State Law, as may be amended. [Note: As of January 1, 2019, pursuant to Assembly Bill 2249, the limit provided in Section 22032(a) of the Public Contract Code is $60,000 or less.]
B. 
Public projects within the limits listed in Section 22032(b) of the Public Contract Code, as may be amended from time to time, may be let to contract by informal procedures as set forth in the Act and this chapter. Such dollar thresholds shall mirror the dollar thresholds set by State Law, as may be amended. [Note: As of January 1, 2019, pursuant to Assembly Bill 2249, the limit provided in Section 22032(b) of the Public Contract Code is $200,000 or less.]
C. 
Public projects within the limits listed in Section 22032(c) of the Public Contract Code, as may be amended from time to time, shall, except as otherwise provided in this chapter, be let to contract by formal bidding procedures as set forth in the Act and this chapter. Such dollar thresholds shall mirror the dollar thresholds set by State Law, as may be amended. [Note: As of January 1, 2019, pursuant to Assembly Bill 2249, the limit provided in Section 22032(c) of the Public Contract Code is more than $200,000.]
(Ord. 608 4-18-17; Ord. 692 9-17-19)
A. 
Where a public project is to be performed which is subject to the provisions of this chapter, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 3.45.150, and to all construction trade journals as specified by the Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department soliciting bids; provided, however:
1. 
If there is no list of registered contractors maintained by the City for the particular category of work performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission.
2. 
If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor(s).
B. 
The notice inviting informal bids shall describe the project in general terms, shall state how to obtain more detailed information about the project, and shall state the time and place for the submission of bids.
C. 
All mailing of notices to contractors and construction trade journals inviting informal bids shall be completed not less than 10 days before bids are due.
D. 
If the project is exempt from the payment of prevailing wages under California’s prevailing wage laws (Labor Code Section 1770 et seq.), the notice inviting informal bids shall also provide notice that the contract is not subject to payment of prevailing wages.
(Ord. 608 4-18-17; Ord. 692 9-17-19)
In accordance with Public Contract Code Section 22034(d), if all informal bids received are in excess of $200,000, the City Council may, by passage of a resolution by a four-fifths vote, award the contract at $212,500 or less to the lowest responsible bidder if it determines the cost estimate prepared by City staff was reasonable. Such dollar thresholds shall mirror the dollar thresholds set by State Law, as may be amended.
(Ord. 608 4-18-17; Ord. 692 9-17-19)
A list of contractors shall be developed, identified by category of work, and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
(Ord. 608 4-18-17; Ord. 692 9-17-19)
A. 
In accordance with Public Contract Code Section 22037, at least 15 calendar days before bids are opened, mailed notice inviting formal bids shall be provided to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 3.45.150. If available, the notice shall also be sent electronically by either facsimile or email and mailed to all construction trade journals as specified by the Commission in accordance with Section 22036 of the Public Contract Code.
B. 
The notice inviting formal bids shall be published at least 14 calendar days prior to the date of the bid opening and as required by Public Contract Code Section 22037, in a newspaper of general circulation, printed and published in the jurisdiction of the City of Desert Hot Springs; or, if there is no newspaper printed and published within the City’s jurisdiction, in a newspaper of general circulation which is circulated within the jurisdiction of the City. If there is no newspaper which is circulated within the jurisdiction of the City, publication shall be by posting the notice in at least three locations within the City’s jurisdiction. Those locations are City Hall, Carl May Center/Council Chamber and the Senior Center.
C. 
The notice inviting formal bids shall state the time and place for the receipt and opening of sealed bids and shall distinctly describe the project.
D. 
If the project is exempt from the payment of prevailing wages under California’s prevailing wage laws (Labor Code Section 1770 et seq.), the notice inviting formal bids shall also provide notice that the contract is not subject to payment of prevailing wages.
(Ord. 608 4-18-17; Ord. 692 9-17-19)
A. 
In accordance with Public Contract Code Section 22038, at the time provided in the notice inviting bids, all bids timely received shall be opened, evaluated and, unless all bids are rejected, the contract shall be awarded to the lowest responsible bidder.
B. 
If two or more bids are the same and the lowest, the City may accept the one it chooses. If no bids are received through the formal or informal procedure, the project may be performed by employees of the City by force account or by negotiated contract.
C. 
If the City, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the City, furnishes a written notice to an apparent low bidder, the City may, in its discretion, reject all bids presented, by following the procedures specified at Public Contract Code Section 22038. If after the first invitation of bids all bids are rejected, after re-evaluating its cost estimates of the project, the City Council may elect to either abandon the project, re-advertise the project, or by passage of a resolution by a four-fifths majority of the City Council declaring the project can be performed more economically by its employees, the City may have the project done by force account.
D. 
City Manager, upon recommendation of Public Works Director, may prepare and implement comprehensive bid protest procedures to ensure timely and efficient processing of awarding contracts.
(Ord. 608 4-18-17; Ord. 692 9-17-19)
The City may reject a bid based on any of the following grounds:
A. 
Where a bid is responsive and responsible but does not represent the lowest total cost estimate of the project.
B. 
Failure to conform to the specifications and requirements of the bid proposal form, including, but not limited to, errors, omissions, defects and/or irregularities, shall be rejected as nonresponsive bids. The City may, but is not required to, waive any minor deviations that do not materially affect the amount of the bid or result in an unfair competitive advantage in the bidding process.
C. 
Bids that do not demonstrate the requisite trustworthiness, quality, fitness, capacity and/or experience to satisfactorily perform the particular requirements of the proposed work shall be rejected as nonresponsible. Elements of a nonresponsible bid may include, but are not limited to, one or more of the following:
1. 
Lack of or insufficient experience and/or qualifications of bidder or subcontractor(s) to perform the proposed work.
2. 
Lack of or insufficient financial resources of bidder.
3. 
Unsatisfactory references or work on previous City projects or other public projects.
4. 
Lack of or expired licenses or license designations of the bidder or subcontractor(s) required to perform the proposed work.
5. 
History of bidder’s surety experience.
6. 
History of bidder’s insurance losses and/or workers’ accidental deaths.
7. 
Bidder’s credit history.
8. 
Delegation of work to subcontractor(s) exceeding 50 percent of the total proposed work.
9. 
History of violations with state regulatory agencies, including, but not limited to, the Department of Industrial Relations, the Contractors State License Board, and the California Division of Occupational Safety and Health (Cal OSHA).
D. 
Notwithstanding the above or anything inconsistent herein or otherwise provided in any bid documents, City reserves the right to reject any and all bids.
(Ord. 608 4-18-17; Ord. 692 9-17-19)
Maintenance work, as defined by the Act, may, at the discretion of the City Manager, be performed by City employees by force account or by an outside contractor.
(Ord. 608 4-18-17; Ord. 692 9-17-19)
A. 
The formal and informal bidding requirements of this chapter shall not apply when the city is able to enter into a public works contract with a contractor pursuant to pricing and terms that have been previously established by another governmental entity (“participating public agency”), provided that the Director of Public Works, with the consent of the City Manager, finds that:
1. 
The contract with the contractor is the result of competitive bidding or negotiation and is made in compliance with the competitive bid or proposal requirements of the participating public agency devoid of fraud perpetrated by any public official or staff, or collusion or fraud among the contractor or any subcontractor(s), all of which determination is solely based on a thorough and complete investigation and review of all relevant documents, including, but not limited to, all bid documents and specifications, staff reports and approved minutes. It being understood that certain evidence extrinsic to such documents may not be readily available nor accessible to the Public Works Director and City Manager; and
2. 
The contract awarded by the participating public agency was awarded to the lowest responsive and responsible bidder, in compliance with the Public Contract Code; and
3. 
The purchase conforms to the City’s contract specifications; and
4. 
The estimated price of the purchase is lower than that estimated for the purchase if made directly by the City pursuant to other sections of this chapter; and
5. 
The participating public agency’s bid documents contain a provision notifying contractors that the price bid by each contractor, if awarded the contract, shall be made available to other public agencies (such as the City of Desert Hot Springs).
B. 
If staff finds that there was a protest or claim filed challenging the award from an otherwise qualified bidder, a more complete review of the participating public agency’s bidding process shall be ordered by the City Manager, and the City shall not dispense with the formal and informal bidding requirements of this chapter unless and until the Director of Public Works, with the consent of the City Manager, makes all the findings set forth in subsection A.
(Ord. 692 9-17-19)
A. 
In accordance with Public Contract Code Section 22035, in cases of emergency when repair or replacements are necessary, the City Council may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the City Council, by contractor, or by a combination of both.
B. 
If notice for bids to let contracts is not provided as a result of an emergency, the City shall follow the emergency procedures set forth at Public Contract Code Section 22050, as may be amended.
(Ord. 692 9-17-19)
In accordance with Public Contract Code Section 22050, the City Manager or designee is hereby delegated the authority in cases of emergency to order the repair and/or replacement of any public facility, and take any directly related and immediate actions required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
(Ord. 692 9-17-19)