Avalon Municipal Code Art. 2 Public Works Projects

[2-4-2020 by Ord. No. 1182-20,[1] effective 3-25-2020]

For the purposes of this article, the following words and phrases shall have the following meanings:

ACT

The Uniform Public Construction Cost Accounting Act (California Public Contracts Code Section 22000 et seq.).

COMMISSION

The California Uniform Construction Cost Accounting Commission.

FACILITY

Any plant, building, structure, ground facility, utility system, subject to the limitation of Subsection (d) of the definition for "public project" below, real property, streets and highways, or other public work improvement.

PUBLIC PROJECT

Has the meaning assigned to it under Public Contract Code Section 22002, as it may be amended from time to time. "Public project" means any of the following:

(a)

Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any City-owned, -leased or -operated facility;

(b)

Painting or repainting of any City-owned, -leased, or -operated facility;

(c)

In the case of a City-owned utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher;

(d)

"Public project" does not include maintenance work. "Maintenance work" includes all of the following:

(1)

Routine, recurring and usual work for the preservation or protection of any City-owned or City-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 City-owned water, power or waste disposal systems, including, but not limited to, dams, reservoirs, power plants and electrical transmission lines of 230,000 volts and higher.

[1]

Editor's Note: This ordinance amended in its entirety Art. 2, Public Works Projects, adopted by § 2, Ord. 834, effective 11-3-1988.

[2-4-2020 by Ord. No. 1182-20, effective 3-25-2020]

The City elects to become subject to the Act and to the Commission's policies and procedures. If the Act increases its thresholds for public projects, those new thresholds shall prevail.

[2-4-2020 by Ord. No. 1182-20, effective 3-25-2020]

The City Manager, or the City's Manager's designee, shall compile and maintain a list of qualified contractors identified according to categories of work eligible to submit bids on informal contracts awarded by the City. This list shall comply with the requirements of the Act and the criteria promulgated, from time to time, by the Commission.

[2-4-2020 by Ord. No. 1182-20, effective 3-25-2020]

Public projects of $60,000 or less may be performed by the employees of the City by force account, by negotiated contract or by purchase order. The City Manager is authorized to award contracts for public projects of $60,000 or less.

[2-4-2020 by Ord. No. 1182-20, effective 3-25-2020]

Public projects between $60,001 and $200,000 may be let to contract by the informal bidding procedures set forth in this section.

(a) Notice. When a public project is to be performed which qualifies for informal bidding, notice of such project shall be given as follows except where the product or service is proprietary:

(1) Mailed notice shall be sent to all contractors on the contractors list for the category of work being bid; and

(2) Mailed notice shall be given to all construction trade journals specified by the Commission for the receipt of such notice for Los Angeles County;

(3) Additional notice to other contractors and/or trade journals may, in the discretion of the City, be given.

(4) All mailing of notices to contractors and construction trade journals shall be completed not less than 10 calendar days before bids are due.

(5) The notice shall describe the project in general terms, how to obtain more detailed information about the project and shall state the time and place for submission of bids.

(b) Opening of Informal Bids and Award of Contract.

(1) At the time provided in the notice inviting informal bids, the City shall open all bids timely received. If a contract is awarded, it shall be awarded by the Council to the lowest responsible and responsive bidder. If two or more responsive bids are the same and lowest, the Council may accept the one it chooses. If no bids are received, the project may be performed by the employees of the City by force account, or negotiated contract without further complying with this article.

(2) If all bids received are in excess of the informal bidding limit, the Council may, by adoption of a resolution by a 4/5 vote, award the contract, at or below the provisional limit set forth in Public Contract Code § 22034(f), to the lowest responsible bidder, if it determines that the City's cost estimate was reasonable.

[2-4-2020 by Ord. No. 1182-20, effective 3-25-2020]

Public projects in excess of $200,000 must, except as otherwise provided in this chapter, be let to contract by the formal procedures set forth in this section.

(a) Notice of such project shall be given as follows unless an exception to competitive bidding applies:

(1) The notice shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.

(2) The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the City; or, if there is no newspaper printed and published within the jurisdiction of the City, in a newspaper of general circulation which is circulated within the City.

(3) The notice inviting formal bids shall also be mailed to all construction trade journals specified by the Commission for the receipt of such notice for Los Angeles County. The notice shall be mailed at least 15 calendar days before the date of opening the bids.

(b) Bidder's Security. All bids shall be presented under sealed cover accompanied by a form of bidders' security as prescribed in the public notices inviting bids in an amount at least equal to 10% of the amount bid. Bidders shall be entitled to the return of bid security; provided, however, the successful bidder shall forfeit its bid security upon its refusal or failure to execute the contract within 10 days after the notice of the award of contract has been mailed, unless the City is responsible for the delay. The Council, on the refusal or failure of the successful bidder to execute the contract, may award it to the next lowest responsible bidder. If the Council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City to the difference between the lowest responsible bid and the second lowest responsible bid, and the surplus, if any, shall be returned to the lowest responsible bidder.

(c) Bid Opening Procedure. Sealed bids shall be submitted to the City Manager or the City Manager's designee, and shall be identified as bids on the envelope. Bids shall be opened in public at the time, date and place stated in the public notices. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.

(d) Rejection of Bids. In its discretion, the Council may reject any and all bids presented and purchase without further bidding or may re-advertise for bids in the manner prescribed under this section.

(e) Award of Contracts. Contracts shall be awarded by the Council to the lowest responsible bidder, except as otherwise provided in this section. If no bids are received, the project may be performed by employees of the City by force account or by negotiated contract without further complying with this section. The Council shall have the right to waive any defect or informality in the bidding or in the procedures set forth in this section. No defect or informality shall void any contract entered into.

(f) Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, the Council may accept the bid it chooses.

(g) Performance Bonds. The Council shall have the authority to require a performance bond before entering into a contract in such amount as the Council shall find reasonably necessary to protect the best interests of the City. If the Council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

[2-4-2020 by Ord. No. 1182-20, effective 3-25-2020]

The City Engineer, or designee, is authorized to approve plans and designs, and all amendments and addenda thereto, for performance of a public project of the City. This shall include the working details, drawings, plans and specifications prepared for every public 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.

[2-4-2020 by Ord. No. 1182-20, effective 3-25-2020]

(a) The Council hereby delegates to the City Manager the power to take any directly related and immediate action required by an emergency, as defined in this chapter. In situations determined by the City Manager to constitute an emergency, the City Manager may take action pursuant to § 22035 of the Act and Public Contract Code § 22050. Work shall be performed without the benefit of competitive bidding, either formal or informal, only so long as necessary under those sections.

(b) A report on the emergency and work performed shall be provided at the next regular meeting of the Council, and then at every meeting thereafter as required by § 22050. At such meetings, the Council shall determine, by a 4/5 vote, that there is a need to continue the action without the benefit of informal or formal competitive bidding in accordance with § 22035 of the Act and Public Contract Code § 22050. The Council 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 a formal bidding procedure.