A.
It is
in the public interest for the city to elect to become subject to
the uniform public construction cost accounting procedures adopted
by the California Uniform Construction Cost Accounting Commission
pursuant to Public Contract Code Sections 22000 et seq., Part 3, Chapter
2.
B.
Such
election will enable the city to perform public works projects with
its own forces, by contracts awarded through negotiation, purchase
order without competitive bidding and/or informal bidding procedures
when it is in the best interest of the city to do so unless specifically
prohibited by the project's funding source(s) guidelines.
C.
It is
the intent of the city that this section governs the selection of
public contractors by the city through alternative bidding procedures,
in accordance with Public Contract Code Section 22032.
D.
It is
the intent of the city that any future amendments, duly adopted by
the State Legislature, to Public Contracts Code Sections 22000 et
seq., shall automatically become the law of the city, even if in conflict
with this chapter.
(Prior code § 2712.1; Ord. 757 § 1, 1989; Ord. 958 § 1, 2000; Ord.
1160 § 2, 2022)
As used in this chapter:
means any plant, building, structure, ground facility, utility
system, subject to the limitation found in subsection 3 of the definition
for "public project," real property, streets and highways or other
public work improvement.
means any of the following:
Construction, reconstruction, erection, alteration, renovation,
improvement, demolition and repair work involving any publicly owned,
leased or operated facility;
Painting or repainting of any publicly owned, leased or operated
facility;
In the case of publicly owned utility system, "public property"
includes only the construction, erection, improvement or repair of
dams, reservoirs, powerplants and electrical transmission lines of
two hundred thirty thousand volts and higher.
does not include maintenance work. For purposes of this chapter,
"maintenance work" includes all of the following:
Routine, recurring and usual work for the preservation or protection
of any publicly owned or publicly operated facility for its intended
purposes;
Minor repainting;
Resurfacing of less than one inch in thickness of streets and
highways;
Landscape maintenance, including mowing, watering, trimming,
pruning, planting, replacement of plants and servicing of irrigation
and sprinkler systems;
Work performed to keep, operate and maintain publicly owned
water, power or waste disposal systems, including, but not limited
to, dams, reservoirs, powerplants, and electrical transmission lines
of two hundred thirty thousand volts and higher.
(Prior code § 2712.2; Ord. 757 § 1, 1989)
The city council delegates the authority to the purchasing officer to award informal contracts, pursuant to the provisions of Sections 3.48.040, 3.48.070 and 3.48.080, after receiving the recommendation of the director of public works.
(Prior code § 2712.3; Ord. 757 § 1, 1989)
Public works projects may be made by the city council with the
following limitations:
A.
Public
projects of sixty thousand dollars or less (or as thereafter amended
by the California Uniform Construction Cost Accounting Commission,
hereinafter, the "Commission") may be performed by city employees
by force account, or may be awarded by negotiated contract or by purchase
order without competitive bidding, as recommended by the director
of public works, depending on the nature, urgency, complexity and
cost of the project. The city manager will advise the city council
of projects in this cost range prior to commencement of work, negotiations,
or informal bidding procedures.
B.
Public projects over sixty thousand dollars and less (or as thereafter amended by the Commission) than two hundred thousand dollars (or as thereafter amended by the Commission) shall be contracted by informal bidding procedures as set forth in Section 3.48.080. The city manager will seek prior council approval to proceed with projects not contained in current budget.
C.
The
award of bid shall, whenever possible, be awarded to the lowest responsible
bidder.
D.
Notices
Inviting Bids. The purchasing officer shall solicit bids by written
request to contractors licensed and experienced for the type of public
work to be performed.
(Ord. 772 § 1, 1990; Ord. 958 § 2, 2000; Ord. 1152 § 2, 2021; Ord. 1160 § 2, 2022)
A.
The
director of public works shall develop a list of qualified contractors
eligible to submit bids on informal contracts awarded by the city.
In developing the list, the director of public works shall obtain
from the Contractor's State License Board, and from construction trade
associations within the County of Los Angeles, names and addresses
of qualified contractors located in Los Angeles County.
B.
The
list shall be organized in accordance with the license classifications
of the Contractor's State License Board.
C.
The
director of public works shall publish annually, in all construction
trade journals required by the California Uniform Construction Cost
Accounting Commission in accordance with Public Contract Code Section
22036, notice that the city has elected to become subject to the uniform
public construction cost accounting procedures, that it maintains
a list of contractors qualified to submit bids on informal contracts
and of the city office to contact for all information necessary for
a qualified contractor to be included on the list.
D.
Any licensed California contractor qualified according to classification may upon request be added to the list as set forth in subsection B of this section, at any time.
E.
The
director of public works shall develop and provide to contractors
who apply for inclusion on the list a simplified form requesting the
applicant's name, address and California contractors license number
and classification.
(Prior code § 2712.5; Ord. 757 § 1, 1989)
The city council delegates to the director of public works authority
to prepare and approve plans, specifications and working details for
all informal contracts and directs the director of public works to
develop plans, specifications and working details necessary to enable
a qualified contractor to perform the work required for each informal
contract awarded.
(Prior code § 2712.6; Ord. 757 § 1, 1989; Ord. 1152 § 2, 2021)
A.
With the concurrence of the manager, the director of public works will establish the need, urgency and funding source of new city public projects ranging in cost from zero to one hundred thousand dollars. Public projects shall be contracted in accordance with requirements of Section 3.48.040.
B.
Projects
shall not be split to avoid any of the bidding requirements contained
in the Uniform Public Construction Cost Accounting Act, Public Contract
Code 22000 et seq.
D.
The
director of public works shall complete the mailing of notices inviting
informal bids, as required by this section, not less than ten calendar
days before bids are due.
E.
The
notice inviting informal bids shall describe the projects in general
terms, how to obtain more detailed information about the project,
whether or not the project is required to be submitted on the city's
approved electronic procurement platform and state the time and place
for the submission of bids.
(Ord. 772 § 1, 1990; Ord. 958 § 3, 2000; Ord. 1160 § 2, 2022)
A.
At the
time provided in the notice inviting informal bids, the city clerk
shall open all bids timely received and the purchasing officer shall
award the contract to the lowest responsible bidder based upon the
recommendation of the director of public works. If two or more bids
are the same and lowest, the purchasing officer shall award the contract
by drawing lots. If no bids are received, the director of public works
may solicit informal bids again, perform the work by city forces,
by force account or by contract, as he/she determines to be in the
best interests of the city.
B.
If all
bids received are in excess of the two hundred thousand dollars informal
bid limit, the city council may by passage of a resolution by a four-fifths
vote, award the contract, at two hundred twelve thousand five hundred
dollars or less, to the lowest responsible bidder, if it determines
the cost estimate of the city was reasonable, pursuant to California
Public Contract Code Section 22034(f).
(Prior code § 2712.8; Ord. 757 § 1, 1989; Ord. 958 § 4, 2000; Ord.
1152 § 2, 2021)
The city reserves the right to reject any and all bids presented.
If, after the first invitation for informal bids are rejected, the
purchasing officer shall have the option, after reevaluating the project
cost estimates to do one of the following:
A.
Abandon
the project or readvertise for bids in the manner described in this
chapter.
B.
By adoption
of resolution by four-fifths majority of the city council, declare
that the project can be performed more economically by city employees
and the city may then have the project constructed by force account.
(Prior code § 2712.9; Ord. 757 § 1, 1989)
Formal bidding of public projects with an estimated value in
an amount over two hundred thousand dollars shall be let to contract
by formal bidding procedure. (Public Contract Code Section 22037).
(Ord. 772 § 1, 1990; Ord. 958 § 5, 2000; Ord. 1152 § 2, 2021)
The city council delegates to the director of public works the
power to declare a public emergency, as defined in Public Contract
Code Section 22035, and to accomplish repairs and/or replacements
as are necessary to permit the continued operation or services of
the city or to avoid danger to life or property. The work shall be
performed at once without the benefit of informal or formal bidding.
The work may be done by city forces, by contract or by both. The director
of public works shall provide a full report on the emergency and work
performed at the next meeting of the city council, at which time the
city council must confirm such action by a four-fifths vote, and further
determine appropriate action such as, but not limited to, whether
work should continue without the benefit of informal or formal bidding.
(Prior code § 2712.11; Ord. 757 § 1, 1989)
There is created within the city an Economic Opportunities Program
to encourage the employment of unemployed Pico Rivera citizens on
public works projects performed by or on behalf of the city.
A.
Application.
The provisions of this Economic Opportunities Program shall only apply
to those public works projects which have been recommended for inclusion
in the program by the city engineer and city manager to the city council
and approved by the city council for inclusion in the program. Inclusion
or deletion of public works projects from the Economic Opportunities
Program shall be within the sole discretion of the city council.
B.
"EOP"
"EOP project"
"EOP participant"
"EOP goal"
"EOP contractor"
"EOP subcontractor"
Definitions.
means the Economic Opportunities Program.
means a public works project which has been approved by the
city council for participation in the Economic Opportunities Program.
means a bona fide citizen of the city who is on file with
the California Employment Development Department as being unemployed
and who is skilled and qualified to perform the type of work in a
job classification designated for an EOP project by the city engineer.
means the goal set by the city council for the percentage
of the EOP participants to be employed for each EOP project. The city
council shall set the EOP goal at the same time it designates the
EOP project.
means a person or entity contracting directly with the city
for the performance of an EOP project.
means any subcontractor employed by an EOP contractor to
perform work on an EOP project.
C.
EOP
Requirements. Every contractor contracting directly with the city
on an EOP project shall comply with the requirements of the EOP program
contained in this section.
1.
Every
EOP contractor shall include in his or her bid or contract proposal
a program to meet the EOP goal. The program of the EOP contractor
shall include, but not be limited to, the following means of employing
EOP participants:
a.
Obtaining EOP participants by placing a job order with the Whittier
office of the State Employment Development Department;
b.
Advertising employment positions by posting notices which identify
the positions to be filled, the qualifications required, and when
to obtain additional information about the application process in
conspicuous public places such as the City Hall, post offices, libraries,
senior citizens centers and parks;
c.
Scheduling and advertising a job informational meeting to be conducted
by the city or contractor representatives at a city facility;
d.
Arranging for contractor representatives to be available to provide
assistance to city residents in completing job application forms;
e.
Arranging for the holding of a workshop on applying and interviewing
for jobs;
f.
Arranging for a location where job applications may be delivered
to and collected;
g.
Conducting job interviews at locations easily accessible to Pico
Rivera residents;
h.
Advertising the jobs to be filled through the local media, such as
community television network, newspapers of general circulation, trade
papers and minority focus newspapers;
i.
Telephone solicitation of known potential EOP participants;
j.
Any other means of obtaining EOP participants which are reasonably
calculated to comply with the EOP goal.
2.
Upon
the determination of the lowest responsible bidder for an EOP project,
and prior to the award of the bid, the lowest responsible bidder must
demonstrate to the reasonable satisfaction of the city engineer that
the bidder will meet the EOP goal, or that the bidder has used his
or her best good faith efforts to comply with the EOP goal. The determination
of the city engineer may be appealed in writing to the city manager
within three days of the determination by the city engineer. The determination
of the city manager shall be final. If it is determined that the lowest
bidder does not meet the EOP goal, or has not made his or her best
good faith efforts to comply with the EOP goal, then that bid will
be considered nonresponsive. The same process will then be used to
determine if the second lowest bidder complies with the requirements
of the EOP program. This process will be completed until the lowest
remaining bidder is determined to comply with the EOP program.
3.
Every
contract or agreement between the city and an EOP contractor shall
contain provisions requiring the contractor to carry out the provisions
of the EOP program.
4.
Every
EOP contractor or EOP subcontractor shall incorporate or cause to
be incorporated in all contracts or subcontracts for work to be performed
in connection with the EOP project the requirements of the EOP program.
5.
In
order to ensure that the city engineer is kept informed on the progress
being made by the EOP contractor and subcontractor in meeting their
obligations under the EOP program, each EOP contractor and subcontractor
is required to:
a.
Maintain such records and accounts and furnish such information and
reports as are required by the city engineer and permit the city engineer
access to books, records and premises for purposes of investigation
in connection with ascertainment of compliance with the EOP program.
The EOP contractor shall maintain records of all individuals hired
under the EOP project. Such records shall show the name and address
of each EOP participant and the gross dollar amount actually paid
in wages to each EOP participant.
6.
The
city engineer is authorized to provide such forms and procedures as
may be necessary to administer the provisions of the EOP program.
The city engineer is further authorized to establish the job classifications
appropriate for each EOP project.
7.
An
EOP participant shall not be dismissed from employment without good
cause and without the written consent of the city. If an EOP participant
is unable to perform successfully, and is to be replaced, the contractor
will be required to make good faith efforts to replace the original
EOP participant with another EOP participant. If any EOP participant
is dismissed from employment without the written consent of the city,
the original EOP participant must be rehired, or replaced with another
EOP participant at the discretion of the city.
D.
Invitations
for bids and requests for proposals for EOP projects shall contain
specific notification that this is an EOP project under which the
contractor will be required to employ unemployed Pico Rivera citizens
as required by the EOP program adopted by the city.
E.
Failure
of any EOP contractor or EOP subcontractor to comply with the provisions
of the EOP program shall be cause for termination of the contract
for the EOP project. The EOP contractor shall be liable to the city
for all damages resulting from such termination as otherwise provided
by law.
(Ord. 848 § 1, 1993)
