Beverly Hills Municipal Code Art. 3 Public Works Contracts

The following procedures shall govern the award of contracts for public projects:

A. Public Projects Of Seventy-Five Thousand Dollars Or Less: Public projects of seventy-five thousand dollars ($75,000.00) or less, may be performed by City employees, may be awarded by negotiated contract, or may be awarded by purchase order. A contract or purchase order shall require competitive written bidding as described in section 3-3-202 of this chapter unless the Purchasing Agent determines that a different competitive bidding procedure is in the best interest of the City. In such case, the Purchasing Agent may solicit written bids as provided in section 3-3-203 of this chapter or solicit written bids as provided in section 3-3-204 of this chapter.

B. Public Projects Of More Than Seventy Five Thousand Dollars, But Less Than Or Equal To Two Hundred Twenty Thousand Dollars: Public projects of more than seventy-five thousand dollars ($75,000.00), but less than or equal to two hundred twenty thousand dollars ($220,000.00), shall require competitive written bidding as described in this subsection.

1. Bid specifications shall be prepared and notices inviting bids shall be solicited as set forth in subsection B2 of this section.

2. All notices inviting bids shall be sent to: a) the construction trade journals specified in California Public Contract Code section 22036, or b) a list of qualified contractors, identified according to categories of work and which has been developed in compliance with the criteria issued by the California Uniform Construction Cost Accounting Commission, or c) both, unless the supplies, equipment or services are proprietary. Such notices shall be sent not less than ten (10) calendar days before bids are due. The notices shall describe the project in general terms, how to obtain more detailed information regarding the project, and the time and place for the submission of bids.

If all bids received are in excess of two hundred twenty thousand dollars ($220,000.00), the city council may, by passage of a resolution by a four-fifths (4/5) vote, award the contract at two hundred thirty five thousand dollars ($235,000.00) or less, to the lowest responsible bidder, without complying with the bidding procedures set forth in subsection C of this section, provided that the city council determines that the cost estimate of the project was reasonable.

C. Public Projects Of More Than Two Hundred Twenty Thousand Dollars: Public projects of more than two hundred twenty thousand dollars ($220,000.00) shall require competitive written bidding. A notice inviting bids shall be published and sent in compliance with the provisions of California Public Contract Code section 22037, or the successor statute thereto. In addition, bid plans and working details shall be adopted by the city council for all public projects exceeding two hundred twenty thousand dollars ($220,000.00).

D. Bid Requirements: When written bids are requested, the bids shall be submitted to the electronic bidding platform or an alternative method in accordance with the Public Contract Code and as set forth in the rules and regulations adopted by the Director pursuant to this chapter and shall not be opened until the time and place designated in the bid specifications. Bids must be received prior to the bid deadline to be considered.

E. Award: When bids are solicited, the appropriate Contracting Officer or the city council shall award the bid to the lowest responsible bidder, or reject all bids pursuant to Public Contract Code section 22038, or its successor statute. The Contracting Officer or the city council may waive any irregularities or informalities in any bid or bidding.

(Ord. 18-O-2763, eff. 1-1-2019; amd. Ord. 21-O-2835, eff. 4-16-2021; Ord. 25-O-2907, eff. 2-9-2025)

The City officials set forth in section 3-3-200 et seq. of article 2 of this chapter 3 shall have the authority to approve contracts for public projects in the amount that corresponds to their purchasing authority as set forth in those sections. (Ord. 06-O-2504, eff. 10-20-2006; amd. Ord. 21-O-2835, eff. 4-16-2021)

In addition to any other exemption from bidding requirements set forth in this chapter or otherwise provided by law, in a situation determined by the city manager to constitute an emergency for a public project pursuant to Public Contract Code sections 22035 and 22050 or in a locally declared emergency city council delegates to the city manager, the assistant city manager and the director of emergency services the power to order any action pursuant to Public Contract Code sections 22035 and 22050. The city manager, the assistant city manager, director of emergency services shall comply with the applicable provisions of section 22050. (Ord. 06-O-2504, eff. 10-20-2006; amd. Ord. 21-O-2835, eff. 4-16-2021)