CIP Minor Construction Project Procurement Manual

INTRODUCTION

This manual sets forth the procedures for procuring a contractor for a Minor Public Works Project Contract as defined in Title 27 of the San Jose Municipal Code. It is divided into the following periods, which reflect the stages from beginning to end in the procurement process:

• Pre-Advertisement Period

• Advertisement Period

• Post Advertisement Period

• Contract Award and Execution Period

Note: All three CIP departments – ESD, DOT and PW – are permitted to procure minor public works contracts as long as the rules and procedures established by the Director of Public Works are followed and the procurement documents developed by the Director of Public Works are used. This manual attempts to distinguish between the procedures that will be followed by the Procurement Team (for those minor public works procurements that it manages) and those that must be followed by Project Managers from ESD and DOT. Please contact the Procurement Team if you have any questions.

PRE-ADVERTISEMENT PERIOD

The pre-advertisement period occurs from the time you start working on a set of procurement documents to the time the Request for Quotes (RFQ) is advertised.  Procurement documents include forms, plans, technical specifications and any other project specific notices, information, or documents.

All minor public works procurements are required to be entered and tracked through the Capital Project Management System (CPMS).

A. CPMS Procurement Tab

A procurement is initiated by entering the following information into your project’s procurement tab. 

1. Procurement Timeline Dates

Please plan your advertising and bid opening dates carefully and consult with the Procurement Team if you have any questions about timelines.

For minor public works procurements managed by the Procurement Team: You will need to allot time in your schedule for the Procurement Team to review your procurement documents and for the Director’s Office to schedule your Plans and Specifications signing.  You must request the Procurement Team review your bid documents and schedule your Plans and Specifications meeting at least 12 days prior to your desired advertising date.

a.         Advertising Date

There is no minimum advertisement length although the Municipal Code requires that contractors be given a reasonable amount of time to respond. 

For minor public works procurements managed by the Procurement Team: Construction procurements (both major and minor) are always advertised on Wednesdays. The minimum advertisement length is four (4) weeks and, under many circumstances, should be longer in order to allow contractors sufficient time to prepare competitive quotes.

b.         Q&A Deadline Date/Time

The deadline for question submittal will depend on the length of your advertisement period. Please take into account that answers and addenda must be posted no later than 72 hours before the submittal deadline.

For minor public works procurements managed by the Procurement Team: The latest possible deadline is 11:00 am seven calendar days before the bids are due and should be used for advertisements two to four weeks in length. Longer advertisement periods may use a deadline 14 or even 21 days before the bids are due, depending on the situation.

Communicating with Potential Bidders

Please note, per the City’s Procurement and Contract Process Integrity Policy (Resolution No. 2024-99), only the Procurement Team (or Procurement Contact – i.e., Project Manager – for those minor public works procurements not managed by the Procurement Team) is allowed to communicate with potential bidders from the time the project is advertised to the end of the protest period.  If you receive questions during this time, you must forward them directly to the Procurement Team/Contact. 

c.         Bid Open Date/Time

You may choose any date for your submittal deadline; however, the Procurement Team prefers to use Thursday when possible. 

d.         Anticipated Award Date

Award will be made by the applicable department Director. 

2. Other Information

a.         Engineers Estimate

Input your Engineer’s Estimate. 

b.         Bid Alts (as needed)

Input your Bid Alts, if applicable. Remember that if the Bid Alts plus Base Bid total exceeds the formal procurement threshold, you must use the major public works procurement process.

c.         Classifications (Commodity Codes)

Biddingo sends project notifications to contractors based on the “Commodity Codes” applied to each project. Please review the commodity codes listed within the “Biddingo Codes” hyperlink in the CPMS procurement tab. Select the codes applicable to your project. There is no limit to the number of codes that can be used; however, we recommended that the most global classification be included first.

d.         Site Visit (as needed)

Site visits are generally conducted when the project has a unique location, specialized security issues or other compelling reasons.

If you will hold a site visit, please make sure to include the date, time, and location in your Notice to Contractors (NTC).  A site visit should be non-mandatory. If you have a compelling reason for requiring attendance, please consult with the Procurement Team. Project Managers may not provide project presentations or conduct Q&A at a site visit.

e.         Project Labor Agreement (PLA)

The Project Labor Agreement is not applicable to minor public works procurements.

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B. Bid Package Preparation

1. Bid Packager

The CPMS Bid Packager will use the information entered into the procurement tab to populate the RFQ documents.   

Please note that the Bid Packager is only available for standard (Citywide) bid documents and cannot be used for RWF or Airport procurements.  RWF or Airport procurement documents will need to be manually downloaded from the Document Center. 

Project Managers must retain all documents related to the construction procurement process in the CPMS Procurement Folder.  The folder contains three subfolders which correspond to the three phases of the procurement:

• Pre-Advertisement: Corresponds to the Pre-Advertisement phase; documents include insurance authorization, procurement documents, and Authorization to Advertise memo

• Advertisement: Corresponds to the Advertisement phase; documents include question & answers and addenda

• Post-Advertisement: Corresponds to the Post-Advertisement phase; documents include bid packages, Bid Results Summary, responsiveness checklist, NOITA, NOCA

Bid Packager is designed to automatically file certain documents into the Pre-Advertisement and Post-Advertisement folders.  Therefore, do not modify the folder structure by adding subfolders and/or moving files.  In addition, do not re-name folders.  Project Managers and the Procurement Team are responsible for manually uploading any procurement documents not produced by Bid Packager. 

A fourth subfolder is provided for Re-Bids.  This Re-Bid folder contains the same three procurement phase subfolders as listed above.   Project Managers must retain all documents related to Re-Bids in the appropriate Re-Bid subfolders.  For projects with more than one Re-Bid, make a copy of the Re-Bid folder and rename it as Rebid1, Rebid2, etc., within the Re-Bid folder.  By copying the Re-Bid folder, the three sub-folders for each procurement phase are maintained (Pre-Advertisement, Advertisement, and Post-Advertisement).   

Do not overwrite or delete previous procurements when creating a Re-Bid.

2. Insurance

You are also responsible for completing and sending a Form 148-22 to Risk Management via Simpligov to obtain Insurance Requirements for your project. The Insurance Requirements need to be included in your RFQ.

3. Changes to the Standard Specifications

If your project requires changes to the provisions found in the “City of San Jose, Department of Public Works, Standard Specifications, July 1992,” or the amendments thereto, you are required to coordinate the changes with the the Procurement Team and the City Attorney’s Office even if your minor public works procurement is not being managed by the Procurement Team.

For those minor public works procurements that are being handled by the Procurement Team: Once your bid package has been created, please notify the Procurement Team to request a meeting with the Director of Public Works. You must submit this request twelve days prior to your desired advertisement date in order to ensure Director’s Office availability.

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C. Approval Signatures

1. Plans and Specifications Approval.

The Director of Public Works will sign the plans and specifications for Public Works' minor public works projects. The Directors of ESD and DOT will sign the plans and specifications for their respective departments' minor public works projects.

2. Authorization to Advertise.

The Director of Public Works must approve the advertisement of any minor public works procurement that will be managed by the Procurement Team. If that applies to your procurement, please download an “Authorization to Advertise Memo” from the Document Center and obtain all approval signatures necessary – except the Director of Public Works – prior to requesting that the Procurement Team review your bid documents.

D. Meeting with Director of Public Works

For those minor public works procurements that are being managed by the Procurement Team: Once the Procurement Team has approved your RFQ documents, it will work with the Director’s Office to schedule a Plans and Specifications signing meeting. Your division’s Deputy Director and Procurement Team representatives will also be invited to the meeting.  If you wish anyone else to attend, please forward the Outlook invite you receive from the Director’s Office.

At the meeting, you are expected to brief the Director on your project.  

The Director may require changes to your RFQ documents.  If revisions are necessary, the Procurement Team will work with you to ensure the changes are made.  When the documents are approved, the Director will sign the cover sheet of the Plans and Specifications and the Approval/Authorization to Advertise memo.

E. Newspaper Advertisement or Other Outreach

Newspaper advertisement is not applicable to minor public works procurements.

F. Uploading Signed Bid Documents to CPMS

Please make sure to upload the following finalized, signed documents to CPMS:

• Signed and stamped plans and specifications (PDF)

• NTC (Word)

• Signed Authorization to Advertise Memo, including all attachments (PDF) (for those minor public works procurements being managed by the Procurement Team)

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ADVERTISEMENT PERIOD

A. Bid Advertisement

This period begins once the RFQ is available to potential bidders and ends on the submittal deadline.

• Minor public works procurements that are being managed by ESD and DOT will be advertised via email.

• Minor public works procurements thar are being managed by the Procurement Team will be posted to Biddingo. City Project Managers can log into Biddingo using the below sign-in credentials. Once you are logged in you will navigate to the “Bidding” tab and enter Project CPMS number under search keywords. Once you select the project, you will see a tab on the left “Doc Takers List”, you will then be able to view the list of companies who have viewed the documents under “Full Document Takers.”

**As a reminder, there should be no communication between staff and potential bidders during the advertisement period.**

Go to http://r2cow.biddingo.com

Username: project.manager@sanjoseca.gov

Password: Password123

Select: City of San Jose- Public Works from the pull-down menu

B. Site Visit

If a site visit is being conducted, please bring a sign-in sheet. Questions at the site visit are not permitted. As soon as possible following the site visit, please upload the sign-in sheet to CPMS.

• If your procurement is being managed by the Procurement Team, notify them that the document has been uploaded. The Procurement Team will post the documents to Biddingo.

• Alternatively, if your procurement is not being managed by the Procurement Team, the Project Manager will email the sign-in sheet to all potential bidders.

C. Question & Answers/Addenda

1. Questions

• If your procurement is being managed by the Procurement Team, questions will be submitted through Biddingo.

When the Procurement Team receives a question notification from Biddingo, we will review it to determine if it is a question for the Procurement Team (i.e., “How is local and small business preference calculated?”) or for the project team (i.e., “Please confirm that the scope of work does not include electrical engineering.”). Those questions that need to be answered by the project team will be forwarded by the Procurement Team in one of two ways: 1) in the body of an email or 2) as an excel spread sheet attached to the email.

As the project team prepares answers and provides them to the Procurement Team for posting to Biddingo, you can do so in one of two ways: 1) in a Word document or 2) in the same excel spread sheet sent by the Procurement Team. In either case, please save the document with the project ID and the number of the question(s) the PM is answering in the file name (i.e. [CPMS ID#[1234]_Q3-Q5), upload the document to CPMS and notify the Procurement Team through CPMS communication button “2-Addenda and Questions”. If a question warrants a response by addendum (see below), the answer response will be “see Addendum No.#”. The Procurement Team will review, approve, and post the answer to Biddingo and will notify you that the question has been answered.

You do not have to answer the questions in order. In fact, we recommend answering the questions out of sequence if it will allow you to respond promptly to some questions while you consider more detailed responses to others. Either way, please be as prompt as possible and do not wait until the end of the question submittal period to start generating answers.

All questions must be answered no later than 72 hours prior to the bid submittal deadline or the Procurement Team will extend your bid submittal deadline.

If you receive a question that did not go through Biddingo (i.e. phone, email, fax, in person), you must forward the request to the Procurement Team. Communicating with potential respondents during an active solicitation is strictly prohibited.

• Alternatively, if your procurement is not being managed by the Procurement Team, the Project Manager will receive questions by email only and will respond in writing to all potential bidders. The same 72-hour answer deadline applies.

2. Addenda

For questions that require a modification or addition to the procurement documents, you must create an addendum.

• If your procurement is being managed by the Procurement Team, please upload the document to CPMS and notify the Procurement Team. The Procurement Team will review and contact you if changes are necessary. Once reviewed/approved, the Procurement Team will post the addendum to Biddingo, and will notify you that the addendum has been posted.

• Alternatively, if your procurement is not being managed by the Procurement Team, the Project Manager will email addenda to all potential bidders.

Per Public Contract Code Section 4104.5, the deadline for posting an addendum is 72 hours prior to the bid opening (typically Monday at 11:00 am). If you need to issue an addendum after that deadline, the bid opening date may need to be extended. Please consult with the Procurement Team

D. Bid Opening

There is no public bid opening for minor public works procurements. However, all bids received must be posted to Biddingo or emailed to potential bidders after they have been reviewed.

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POST ADVERTISEMENT PERIOD

The period between the bid opening and contract award is referred to as the Post-Advertisement Period.

A. Bid Package Review

The bid package review is an important step in ensuring the City awards construction contracts to responsive, responsible bidders.

• If your procurement is being managed by the Procurement Team, the Procurement Team will review the bid packages. The Procurement Team may request support from Project Managers to verify bid amounts, experience submittals, etc. At the Project Manager’s request, the Procurement Team will contact the references listed in the Statement of Bidder’s Experience.

• Alternatively, if your procurement is not being managed by the Procurement Team, the Project Manager is responsible for reviewing bid packages for compliance with requirements including but not limited to: DIR registration, CSLB licensing, CARB regulations, the City’s wage theft policy, and the City’s local and small business enterprise preference policy. The Project Manager is responsible for completing an Irregularity Checklist to document their review. The Irregularity Checklist must be uploaded to CPMS and retained as a procurement record.

The Procurement Team – in coordination with the Public Works Director’s Office and the City Attorney’s Office – is responsible for determining whether bids are responsive. 

B. OEA DBE Determinations (if applicable)

DBE goals are generally not applicable to minor public works projects. Federally-funded projects usually require formal competitive bidding and therefore follow the major public works project procurement process.

C. Entering Bid Results in CPMS

• If your procurement is being managed by the Procurement Team, the Procurement Team will enter bid results (including irregularities) into CPMS.

• Alternatively, if your procurement is not being managed by the Procurement Team, the Project Manager is responsible for entering bid results (including irregularities) into CPMS.

D. Bid Results Documents

 1. NOITA Pending

A Notice of Intent to Award (NOITA) Pending is an interim notice that lists bidders and bid amounts along with a disclaimer that the information is preliminary and subject to change.

• If your procurement is being managed by the Procurement Team, the Procurement Team will create the NOITA Pending and post it to Biddingo.

• Alternatively, if your procurement is not being managed by the Procurement Team, the Project Manager should create a NOITA Pending and email it to all potential bidders.

2. NOITA

A Notice of Intent to Award (NOITA) lets bidders know that the City intends to award the contract to the apparent low bidder on or about a specified date. 

• If your procurement is being managed by the Procurement Team, the Procurement Team will create the NOITA and post it to Biddingo along with the Bid Results Summary (below) and bid packages.

• Alternatively, if your procurement is not being managed by the Procurement Team, the Project Manager will create a NOITA and email it to all potential bidders along with the Bid Results Summary (below) and bid packages.

3. Bid Results Summary

The Procurement Team or Project Manager will use CPMS to generate the Bid Results Summary.

4. Bid Packages

Complete bid packages must be uploaded to CPMS by the Procurement Team or the Project Manager.

5. Notice of No Bids Received

Occasionally, a project will receive no (responsive) bids.  If that occurs, the Procurement Team or Project Manager will prepare a Notice of No Bids Received (NOBR). 

6. Notice to Reject All Bids

San Jose Municipal Code Section 27.10.530 authorizes the Director of Public Works, the Director of ESD, and the Director of DOT (minor public works projects only) to reject all bids for any reason. 

For those minor public works procurements that are being managed by the Procurement Team: Before the Procurement Team can post a Notice of Rejection of All Bids (NORAB) to Biddingo, we must receive written authorization to reject all bids from the Director’s Office (i e., the responsible division’s Deputy Director). An email authorizing the action is acceptable.

After you have received authorization, please upload it to CPMS. The Procurement Team will prepare a NORAB and post it to Biddingo.  You will also need to prepare a Director’s Award Memo, selecting the “Reject All Bids” option and upload it to CPMS when complete.  This step must be completed even if the project would have been awarded by the City Council.

E. Posting Bid Results Documents

As stated above:

• If your procurement is being managed by the Procurement Team, the Procurement Team will post to Biddingo the NOITA, Bid Results Summary, and bid packages.

• Alternatively, if your procurement is not being managed by the Procurement Team, the Project Manager will email to all potential bidders the NOITA, Bid Results Summary, and bid packages.

F. Protest

There is no protest period during a minor public works procurement. 

CONTRACT AWARD AND EXECUTION PERIOD

The procedures below lists steps for facilitating the award and execution of a construction contract in the Public Works Department. Each Departments process may vary so please check with your department’s contracts administrator before proceeding.

These procedures cover both a Director and Council Awarded Contract.  All appropriate documents and forms are loaded and available in the Document Center.

If a bid extension is needed, use the Bid Extension Request Letter, available at the Document Center.  Obtain the necessary department approval and send the request letter to the contractor.  The contractor must inform the project manager, in writing, of bid extension acceptance. 

Important steps to remember: 

• For federally-funded projects, be sure to include all appropriate documents including the Final Federal Wage Decision.

• Mail the executed contract to the selected contractor.

• Place all signed and approved Director/Council award information in CPMS Folder 7-3.

A. Director Award & Execution

The Directors of Public Works and ESD can award and execute “Public Works Contracts” of $1,210,000 or less: 1) exclusive of the amount of any bid alts being awarded; 2) if there are no unresolved bid protests, and 3) if appropriation is unnecessary. The Director of DOT is only allowed to award “Minor Public Works Contracts” ($740,000 or less).

Please visit CIP Major Construction Project Procurement Manual for award and execution steps.

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B. Council Award

The Council award process is not applicable to minor public works contracts.

C. Department of Industrial Relations (DIR) Registration

The State monitors everyone working on a public works projects to ensure they are being paid prevailing wages as determined by DIR. Also, projects of $30,000 or more must meet DIR's apprenticeship requirements. Any contractor who is found to not be in compliance with public works requirements can receive civil penalties, criminal prosecution, or both. This makes it very important that the City must make sure to register its projects with the DIR when the contract has been executed. 

Once the contract has been executed by the City Clerk's Office, the PM completes the DIR Project Award Form (PWC-100), then emails it directly to OEA contact Armando.Benavidez@sanjoseca.gov. Once OEA has registered the project and received the DIR Project Number, the OEA will provide the number to the PM, and the PM will send number to the contractor.

D. Notice of Contract Award

After contract award, please prepare a Notice of Contract Award (NOCA) upload it to CPMS.

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