This chapter is to provide standardized procedures for awarding contracts for public projects in conformance with the Uniform Public Construction Cost Accounting Act.
(Ord. 499 § 3, 2021)
means a written authorization from the city directing an addition, deletion, or revision to an awarded purchase order or contract
refers to the city's director of public works, and shall include their designee.
refers to the city manager, and shall include their designee.
means public projects $25,000 or less.
means public projects between twenty five thousand dollars and one cent ($25,000.01) and the amount provided in Public Contract Code Section 22032(a), including any amendment or successor statute thereto.
means public projects in the amount provided in Public Contract Code Section 22032(b), including any amendment or successor statute thereto.
means public projects in the amount provided in Public Contract Code Section 22032(c), including any amendment or successor statute thereto.
has the same meaning as that term is defined in Section 22002 of the California Public Contract Code, including any amendment or successor statute thereto.
means the procedures and regulations set forth in Chapter 2, commencing with Section 22000, to Part 3 of Division 2 of the California Public Contract Code or any successor act thereto.
(Ord. 499 § 3, 2021)
This section shall govern the procedures for bidding all contracts to perform public projects. All costs, including materials, supplies, and labor, of a public project must be included in the cost estimate to determine within which level the project falls, irrespective of whether the supplies and materials are obtained by the city separately. Projects funded by federal, state, or local grants shall be awarded pursuant to the more restrictive bidding requirements.
A.
Level 1A. Level 1A projects may be performed by employees of the city, by force account, by negotiated contract, or by purchase order.
B.
Level 1B. Level 1B projects may be let to contract by acquiring three written quotes from qualified contractors. Contractors qualified for Level 1B projects are separate and distinct from those found on the contractors list in subsection (D) below. No bid security shall be required for Level 1B projects unless the director deems it appropriate.
C.
Level 2. Level 2 projects may be let to contract by the informal bid procedures set forth in this subsection, and shall require bid security as provided in Section 3.02.040 (Bid Security) below. The director may waive the requirement to solicit bids if performance of the public project is available from only one source and may solicit only two bids if performance of the public project is available from only two sources.
1.
Notice Inviting Informal Bids. At least ten days prior to the date informal bids are due, the city shall mail a notice inviting informal bids to all contractors from the applicable category of work to be bid, as shown on the contractors list developed in accordance with subsection (D) below. The notice shall describe the project in general terms, shall clearly indicate how to obtain more detailed information about the project, and shall set forth the time and place for the submission of bids in writing. The city may elect to notify all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the California Public Contract Code, including any amendment or successor statute thereto.
2.
The contract shall be awarded to the lowest responsive and responsible bidder. The city may reject all bids, or waive any minor irregularities or informalities in any bid or bidding.
3.
If all bids received are in excess of the amount set forth is subdivision (c) of Section 22032 of the Public Contract Code, the city council may, by adoption of a resolution by a four-fifths vote, award the contract, up to the amount set forth in subdivision (d) of Section 22034 of the Public Contract Code, to the lowest responsible bidder, if the council determines the cost estimate of the city was reasonable.
D.
Contractors List. The city shall develop and maintain a list of contractors, identified according to categories of work, in accordance with the provisions of Section 22034 of the California Public Contract Code, including any amendment or successor statute thereto, and with the criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission.
E.
Level 3. Level 3 projects shall, except as otherwise provided by subsection (C)(3) above, be let to contract by the formal bidding procedures set forth in this subsection.
1.
Bid Specifications. For all Level 3 public projects, bid specifications and notices inviting sealed bids shall be prepared. In addition, bid plans shall be formally adopted by the city council for all public projects in accordance with the requirements of Section 22039 of the Public Contract Code or any successor statute thereto.
2.
Notice Inviting Formal Bids. The city shall publish and mail a notice inviting sealed formal bids in accordance with the provisions of Section 22037 of the California Public Contract Code or any successor statute thereto. Such notice shall also be posted on the city website for a period of 30 days.
3.
Receipt of Bids. Bids shall be sealed, and shall not be opened until the time and place designated in the notice as provided by subsection (E)(2) above. Bids must be received prior to the deadline for bid submittal.
4.
The city council shall award the bid to the lowest responsive and responsible bidder, or reject all bids pursuant to Section 22038 of the California Public Contract Code or its successor statute. The city council may waive any minor irregularities or informalities in any bid or bidding.
5.
The city council may waive, by resolution or minute order, the procedure required by this subsection if the city council determines that performance of the public project is available only from a single source.
(Ord. 499 § 3, 2021)
A.
Bid security, including, but not limited to, bid bonds and performance bonds, shall be required as a condition of submitting a written bid for all Level 2 and Level 3 projects. Bid security shall only be required for Level 1B projects if the director deems it appropriate.
B.
If a bidder is awarded a contract and then fails or refuses to execute a written contract with the city, the city may award the contract to the next lowest responsive and responsible bidder. If the contract is awarded to the next lowest responsive and responsible bidder under these circumstances, the amount of the lower bidder's security shall be applied by the city to the purchase or contract price differential between that bidder and the next lowest responsible bidder, and the remainder, if any, shall be returned to the lower bidder.
(Ord. 499 § 3, 2021)
Oral interpretation of written bid specifications shall not be made to prospective bidders. If a prospective bidder discovers discrepancies or omissions in any specification, or if the bidder is in doubt as to the meaning of any specification, the bidder shall request a written clarification or modification from the city. If clarifications or modifications are deemed necessary, the city will then issue a written addendum to all parties known to have received copies of the specifications. For Level 3 projects, written addenda shall also be posted to the city website.
(Ord. 499 § 3, 2021)
A.
Emergency. If an emergency situation requires that a public facility be repaired or replaced to permit the continued conduct of the operation or services of the city or to avoid danger to life or property, the city council may proceed to replace or repair the facility in accordance with the provisions of Section 22035 of the California Public Contract Code, including any amendment or successor statute thereto.
B.
When competitive bidding is impossible, impractical, undesirable, or unlikely to produce an advantage or other useful result, the city may waive the competitive bidding requirements in this chapter and may authorize a negotiated contract. The waiver shall be authorized by the city council or the appropriate awarding authority specified in Section 3.02.080 (Authorization to execute contracts) after their review of written justification for the waiver provided by the director.
(Ord. 499 § 3, 2021)
A.
Any alteration to, amendment of, or deviation from an awarded purchase order or contract as to scope, cost, time for completion, material, or equipment furnished as part of the purchase order or contract, or any alteration to, amendment of, or deviation from the nature of work to be performed, shall require the completion and issuance of a change order or contract amendment. Additions to work cannot be combined with deletions to work to avoid the change order/amendment requirement. Change orders and amendments shall not be used to avoid the bidding requirements in this chapter.
B.
The change order or amendment shall be approved and executed by the person or body that, pursuant to Section 3.02.080 (Authorization to execute contracts), would have authority to approve and execute a purchase for the combined amount of the original contract and the change order or amendment. No change order or amendment shall be binding on the city until approved as provided herein.
C.
Change orders shall be issued only if all the following conditions are met:
1.
The change order arises in good faith out of an unknown condition or unforeseen circumstance differing materially from the conditions of the purchase or contract, or, alternatively, the change order arises due to an error in the city's plans and specifications that accompanied the invitation for bids.
2.
The change order is reasonably related to the scope of work authorized under the original contract.
3.
The amount of the change order is within an authorized contingency amount.
4.
The change order shall be in accordance with the most current edition of the Standard Specifications for Public Works Construction, and/or California Department of Transportation standards, and/or Los Angeles County standards.
D.
Contract Amendments. Any alteration to, amendment of, or deviation from a contract as to scope, cost, time for completion, material, or equipment furnished as a part of the contract, or any alteration to, amendment of, or deviation from the nature of work to be performed, that does not meet all the requirements of subsection (C) above, shall require an executed contract amendment. Examples requiring an executed contract amendment include, but are not limited to, an expansion of the scope of work, limits, contract term extension, and an increase in compensation not previously authorized by the purchasing officer or city council, as applicable.
(Ord. 499 § 3, 2021)
A.
All contracts for public projects with a value of $60,000 or less may be approved and executed by the purchasing officer and do not require council approval.
B.
Contracts for public projects with a value of sixty thousand dollars one cent ($60,000.01) or more shall be approved by the city council, and shall be executed by the mayor.
(Ord. 499 § 3, 2021; Ord. 517 § 2, 2023)