There is hereby adopted by the city council of the city of Stanton, California, for the purpose of prescribing regulations governing contracts awarded by the city for public projects, the California Uniform Public Construction Cost Accounting Act (California Public Contract Code Section 22000 et seq.). Nothing herein contained, however, shall preclude the city of Stanton from utilizing more restrictive procedures if, and when required by federal or state law, where federal or state funds are involved in the contract to be awarded.
(Ord. 980 § 7, 2011)
The following words, terms and phrases when used in this chapter shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Facility"
means any plant, building, structure, ground facility, utility system, real property, street, highway or other public work improvement.
"Maintenance work"
includes all of the following:
1. 
Routine, recurring and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes;
2. 
Minor repainting;
3. 
Resurfacing of streets and highways at less than one inch;
4. 
Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants and servicing of irrigation and sprinkler systems;
5. 
Work performed to keep, operate, and maintain publicly owned water, power, or waste disposal systems.
"Public project"
means any of the following:
1. 
Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any publicly owned, leased or operated facility;
2. 
Painting or repainting of any publicly owned, leased or operated facility;
3. 
Public project does not include maintenance work.
(Ord. 980 § 7, 2011)
A. 
Public projects of the amount set forth in Public Contract Code Section 22032(a), as amended from time to time, may be performed by the employees of the city by force account, by negotiated contract, or by purchase order.
B. 
Public projects of the amount set forth in Public Contract Code Section 22032(b), as amended from time to time, may be let to contract by informal bidding procedures as set forth in Section 2.58.050.
C. 
Public projects of the amount set forth in Public Contract Code Section 22032(c), as amended from time to time, or in a greater amount, shall be let to contract by formal bidding procedures as set forth in Section 2.58.050.
(Ord. 980 § 7, 2011)
It is unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this chapter requiring work to be done by contract after competitive bidding.
(Ord. 980 § 7, 2011)
A. 
Formal Bid Procedures. Public works projects which are subject to formal bidding procedures as set forth in Section 2.58.030(C), 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 calendar days before the date of opening the bids in a newspaper of general circulation which is circulated within the city of Stanton or, if there is none, in at least three places within the city as have been designated by city ordinance or resolution as places for the posting of its notices. The notice shall also be mailed at least thirty 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 seventy-five thousand dollars shall require bidder's security. Bidder's security shall be in an amount equal to at least ten 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 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 2.58.030(B), 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 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 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 seventy-five thousand dollars may require bidders' security. Bidder's security shall be in an amount equal to at least ten 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 designee, made payable to the city.
(Ord. 980 § 7, 2011)
A. 
In its discretion, the city may reject any and all bids presented. If after the first invitation for bids all bids are rejected, after reevaluating its cost estimates of the project, the city shall have the option of either of the following:
1. 
Abandoning the project or readvertising for bids in the manner described in this division;
2. 
By passage of a resolution by a four-fifths vote of the city council declaring that the project can be performed more economically by the employees of the city, may have the project done by force account without further complying with this division;
3. 
If a contract is awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the city may accept the one it chooses;
4. 
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 informal bidding procedures set forth above without further complying with this chapter.
(Ord. 980 § 7, 2011)
The city shall adopt plans, specifications, and working details for all public projects exceeding the amount specified in Public Contract Code Section 22032(c).
(Ord. 980 § 7, 2011)
In cases of emergency, when repair or replacements are necessary to permit the continued conduct of the operation or services of the city or to avoid danger to life or property, the city council, after making a finding that the emergency will not permit a delay resulting from a competitive solicitation for bids and, that the action is necessary to respond to the emergency, may by a four-fifths vote, proceed at once to replace or repair any public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services and supplies for those purposes, without giving notice for bids to let contracts. The city manager shall have the power to declare a public emergency when it is impractical to convene a meeting of the city council, subject to confirmation by the city council, by a four-fifths vote, at its next meeting and reviewed at least at every regularly scheduled meeting thereafter until the action is terminated. This procedure shall be subject to any other requirements of Public Contract Code Section 22050, as amended.
(Ord. 980 § 7, 2011)