§ 2-177. Bidding procedures
(a) Formal bid procedures. Public works projects which are subject to formal bidding procedures as set forth in section 2-175(c), above, shall be awarded to the lowest responsible bidder in accordance with the following procedures:
(1) The notice inviting bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least fifteen (15) calendar days before the date of opening the bids in a newspaper of general circulation which is circulated within the City of Costa Mesa or, if there is none, in at least three places within the city as have been designated by city ordinance or regulation as places for the posting of its notices. The notice shall also be mailed at least thirty (30) calendar days before the date of opening the bids to all construction trade publications, as determined by the commission pursuant to Public Contract Code section 22036, which are circulated within the County of Orange. In addition to notice required by this section, the city may give other notice as it deems proper.
(2) All bids shall be presented under sealed cover to the city clerk.
(3) Projects over one hundred twenty-five thousand dollars ($125,000.00) shall require bidder's security. Bidders security shall be in an amount equal to at least ten (10) percent of the amount bid and shall be in cash, cashier's check made payable to the city, a certified check made payable to the city or a bidder's bond executed by an admitted surety insurer which meets the rating requirements established by the city manager or his designee, made payable to the city.
(4) A bid for which bidder's security is required shall not be considered unless one of the forms of bidder's security is enclosed with it. If the successful bidder fails to execute the contract, the amount of the bidder's security shall be forfeited to the city as set forth below.
(5) The city council may on refusal or failure of the successful bidder to execute the contract award it to the next lowest responsible bidder. If the city awards the contract to the second lowest responsible bidder, the amount of the lowest bidder's security shall be applied by the city to the difference between the low bid and the second lowest bid and the surplus, if any, shall be returned to the lowest bidder if cash or a check is used or to the surety on the bidder's bond if a bond is used. This procedure shall be followed with the next lowest bidder in order upon any additional refusal or failure of the next lowest responsible bidder to execute the contract.
(6) The city may require bidders to meet certain criteria in order to be placed upon a bidder's list to bid on a public works project. Such criteria shall be established for each construction trade so as to ensure that only bidders meeting certain minimum standards may bid on specific public works projects.
(b) Informal bidding procedures. Public works projects which are subject to the informal bidding procedures as set forth in section 2-175(b), above shall be awarded to the lowest responsible bidder in accordance with the Uniform Construction Cost Accounting Act, Section 22000 et seq. of the Public Contract Code, including the following procedures:
(1) The city shall maintain a list of qualified contractors, identified according to categories of work. The development and maintenance criteria of the contractors list shall be determined by the California Uniform Construction Cost Accounting Commission.
(2) All contractors on the list for the category of work being bid or all construction trade journals specified in the California Public Contract Code Section 22036, or both, shall be mailed a notice inviting informal bids unless the product or service delivery is proprietary.
(3) All mailing of notices to contractors and construction trade journals pursuant to the California Public Contract Code Section 22036 shall be completed not fewer than ten (10) calendar days before bids are due.
(4) 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.
(5) The authority to award informal bids for public projects is delegated to the city manager.
(6) If all bids received are in excess of the amount set forth in Public Contract Code Section 22034(f), as amended from time to time, the city council may, by passage of a resolution by a four-fifths (4/5) vote, award the contract, at the amount set forth in Public Contract Code Section 22034(f), as amended from time to time, or less, to the lowest responsible bidder, if it determines the cost estimate of the city was reasonable.
(7) Projects under one hundred twenty-five thousand dollars ($125,000.00) may require bidders' security. Bidders security shall be in an amount equal to at least ten (10) percent of the amount bid and shall be in cash, cashier's check made payable to the city, a certified check made payable to the city or a bidder's bond executed by an admitted surety insurer which meets the rating requirements established by the city manager or his designee, made payable to the city.