Arcadia Municipal Code Div. 2 Public Works Project Contract Procedures

Public Works Projects, as defined in this Chapter, involving an expenditure of thirty thousand dollars ($30,000) or more shall be let to the lowest, responsive and responsible bidder in accordance with Section 1212 of the City Charter, such additional procedures that may be established in the Purchasing Procedure Manual, and the following procedures:

The notice inviting bids shall state the time and place for the receiving and opening of sealed bids and shall distinctly describe the project. At a minimum, the notice inviting formal bids shall: (1) describe the project; (2) state how to obtain more detailed information about the project; (3) state the date, time and place for the submission of sealed bids; and (4) include any other information required by the City Charter and this Chapter, as may be determined by the Administrative Services Director and City Attorney. The City shall also provide any additional notice it deems proper.

Notice inviting bids for public works projects shall be published in a newspaper of general circulation at least once (1), ten (10) days prior to the scheduled opening of bids.

The City may reject any or all bids received, and may readvertise at its discretion. The City may also waive any minor irregularities in each bid received.

All public works contracts in excess of thirty thousand dollars ($30,000) shall be awarded by the City Council.

(a) Contracts for Public Works Projects may be let without following the procedures established in this section if such purchases are deemed by the City Council to be of urgent necessity for the preservation of life, health, or property or to restore necessary services to the public. Such determination of Emergency shall be authorized by resolution of the City Council passed by at least four (4) affirmative votes. The resolution shall contain a declaration of facts that constitute the Emergency.

(b) Except for Public Works Projects, in situations determined by the City Manager to constitute an Emergency, the City Council hereby delegates to the City Manager the power to declare an Emergency and take any directly related and immediate action required by the Emergency, up to a total of one hundred thousand dollars ($100,000) Emergency expenditures of more than one hundred thousand dollars ($100,000) shall first be approved by the City Council. Work shall be performed without the benefit of competitive bidding, either formal or informal, only so long as necessary:

(1) For projects of more than thirty thousand dollars ($30,000), a report on the Emergency and work performed shall be provided at the next regular meeting of the City Council.

(2) For projects of thirty thousand dollars ($30,000) or less, the City Manager shall determine, on his or her own as the action continues, whether there is a need to continue the action without following the prescribed method of bidding provided by this Chapter. The City Manager shall terminate the Emergency action at the earliest possible date that conditions warrant, so that the remainder of the Emergency action may be completed pursuant to required procedures.

This Section shall not apply to work done by the City with its own personnel if the City Council determines that such work can be performed more economically by City forces.

Public Works Projects, as defined in this Chapter, involving an expenditure of twenty-nine thousand nine hundred ninety nine dollars ($29,999) or less shall be let in accordance with Division 4 or Division 5 of this Part, and any additional, procedures that may be established in the Purchasing Procedure Manual.

Except on locally funded public works projects of twenty-five thousand dollars ($25,000) or less when the project is for construction work, or fifteen thousand dollars ($15,000) or less when the project is for alteration, demolition, repair or maintenance work, all contractors performing work on a City public works projects shall be subject to California prevailing wage law, codified at California Labor Code Section 1720 et seq., as it may be amended from time to time. The only limitation on this requirement shall be in the event federal funding requirements supersede state prevailing wage laws.

(Ord. No. 2320, § 1, 11-18-2014)

The Public Works Director and City Engineer, or their designees, are each authorized to review and approve engineering plans for all Public Works Projects for purposes of design immunity pursuant to Government Code Section 830.6. This shall include the working details, drawings, and plans and specifications prepared for every Public Works Project, including emergency and change order work, which may affect the design or operation of public improvements and which may bring into question the City's liability for dangerous conditions of public property.

(Ord. No. 2382, § 2, 10-19-21)