Burbank Municipal Code Div. 3 Provisions Especially Applicable to Public Works Construction Contracts

Contracts involving an expenditure of City money in the amount listed in Public Contract Code Section 220322 requiring formal bidding, which is currently more than two hundred thousand dollars ($200,000.00), for Public Works Construction, except as otherwise provided in this Code, shall be let to contract by formal bidding procedure as follows:

A. Solicitation of Bids: Bids shall be solicited as provided in Charter Section 1205. Addendum(s) to bid documents shall be provided in the same manner that the bids were solicited, unless otherwise approved by the Purchasing Manager. Addendum(s) shall be provided at least five (5) City working days before the bid opening, unless approved by the Purchasing Manager;

B. Contents of Notice Inviting Bids: The notice shall include a general description of the public works construction to be contracted for, specify prevailing wage requirements, state where bid forms and specifications may be obtained, and the time and place for the receipt and opening of bids;

C. Form of Bids: All bids shall be submitted on the forms provided by the City;

D. Bid Opening: Bids shall be publicly opened by the Purchasing Manager in the City Council Chamber, or as otherwise noted in the solicitation for bids at the time and date set for the bid opening. The bid opening may be postponed or the location changed, if it is in the best interests of the City to do so. Postponement or relocation may be accomplished by an announcement made at the time of the bid opening or prior to the bid opening, and an addendum shall be provided in the same manner that the bids were solicited and shall be given to anyone, who received plans and specifications directly from the City.

E. After bid opening and prior to award:

1. The City Manager may:

i. reject any and all bids;

ii. order re-advertisement of bids; or

iii. recommend that City Council dispense with competitive bidding.

2. The Purchasing Manager may recommend that the City Council waive minor irregularities in bids.

F. No Bids: If no bids are received, the Purchasing Manager, with the approval of the City Manager, may proceed to have the Public Works Construction done without further competitive bidding.

G. Environmental Assessment: No contract shall be awarded for, nor shall any work be performed in the construction of any public work or improvement pursuant to the provisions of this section until the work has been reviewed in accordance with the California Environmental Quality Act (CEQA), California Public Resources Code Section 21050, et. seq., the CEQA Guidelines, and applicable sections of the Burbank Municipal Code.

H. Award of Public Works Construction Contracts: When solicited through this formal bidding procedure, City Council shall award the contract to the lowest Responsive and Responsible Bidder.

I. A Public Works Construction contract may be awarded through a method, instead of formal bidding, such as a solicitation for design build, as provided in the applicable Administrative Procedures.

J. Where the solicitation was design build, or other delivery method, prior to award, the City Council shall waive the requirement for competitive bidding by Resolution finding that it is in the best interest of the City, and award the contract to the proposer offering the Best Value as more fully defined in the solicitation.

K. The City Council may delegate the power to award contracts under this section and make any necessary findings, including but not limited to, compliance with California Environmental Quality Act (CEQA), to any board, commission, or committee provided for in Title 2, Chapter 1, Article 4 of this code. Notwithstanding the foregoing, pursuant to Charter Section 1205, only the City Council may waive the requirement for competitive bidding by Resolution finding that it is in the best interest of the City. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

Unless otherwise stated in the contract documents, the City shall not award a contract which requires a person to engage in the business of or act in the capacity of a contractor, to a person who is not a licensed contractor in accordance with state law. A bid submitted for a contract requiring a contractor’s license by a person who is not so licensed shall be considered nonresponsive and shall be rejected by the City. The Purchasing Manager shall, before a contract is awarded, verify that the contractor is properly licensed. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

Fees for the plans and specifications, if any, shall be in an amount to be determined by the department submitting the plans and specifications and approved by the Purchasing Manager. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

Whenever a City contract requires a performance bond, payment bond, or any other type of bond, such bonds need not be submitted for approval to the body awarding the contract. The surety on such bonds shall be authorized to do business as such in California and the bonds shall be approved by the City Attorney or their designee, which may include the Purchasing Manager. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

A. Notwithstanding any other provision of this Code, all contracts for Public Works Construction projects awarded by the City shall comply with the prevailing wage provisions of California Labor Code § 1782.

B. The City shall be entitled to receive or use State funding or financial assistance on any contract for Public Works Construction project awarded prior to January 1, 2015 and shall be entitled to receive or use State funding or financial assistance to complete any contract for Public Works Construction awarded prior to January 1, 2015. Further, the provisions of this ordinance do not disqualify or amend any contracts awarded prior to January 1, 2015.

C. The California Department of Industrial Relations establishes the general prevailing rates of per diem wages, and the general prevailing rates of pay for holiday and overtime work, for each craft, classification, and type of worker needed to execute the City’s contracts for public works. Copies of the prevailing rate of per diem wages are on file in the Purchasing Division, and such copies will be made available to any interested party upon request. Each notice inviting bids shall state the prevailing wage requirement.

The contractor subject to Labor Code §1782, and any of their subcontractors are required to pay not less than the above established prevailing rates of wages to all workers employed in the execution of the contract, and the contractor shall comply with all other requirements as specified in CA Labor Code, Article 2, Wages, §1770, et seq. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

The City Manager and/or the Department Director of the Department that supervised the work is authorized to execute and cause to be recorded notices of completion where required or authorized by law and to accept work on behalf of the City, performed under contracts with the City. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

A. Bid Protest. Any bid protest must be in writing and received in the office of the Purchasing Manager before 5:00 p.m. no later than two (2) City working days following bid opening (the “Bid Protest Deadline”) and must comply with the following requirements:

1. Only a bidder who has submitted a bid is eligible to submit a bid protest against another bidder. Subcontractors are not eligible to submit bid protests. A bidder may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.

2. The bid protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the Bid Protest Deadline will not be considered. The protest must refer to the specific portion or portions of the contract documents upon which the protest is based. The protest must include the name, address, email and telephone number of the person representing the protesting bidder if different from the protesting bidder.

3. A copy of the protest and all supporting documents must also be concurrently transmitted by fax, personal delivery or by e-mail, by or before the Bid Protest Deadline, to the protested bidder. The protest documents must show proof of transmittal to the protested bidder.

4. The protested bidder may submit a written response to the protest, provided the response is received by the City before 5:00 p.m., within two (2) City working days after the bid protest deadline or after receipt of the bid protest, whichever is sooner (the “Response Deadline”). The response must include all supporting documentation. Material submitted after the Response Deadline will not be considered. The response must include the name, address, email and telephone number of the person representing the protested bidder if different from the protested bidder.

5. Copy to Protesting Bidder. A copy of the response and all supporting documents must be concurrently transmitted by fax, personal delivery or by email, by or before the Response Deadline, to the protesting bidder and proof of transmittal must be submitted with response documents.

6. The procedure and time limits set forth in this section are mandatory and are the bidder’s sole and exclusive remedy in the event of bid protest. The bidder’s failure to comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing a Government Code Claim or initiation of legal proceedings.

7. Right to Award. The City reserves the right to award the contract to the bidder it has determined to be the responsible bidder submitting the lowest responsive bid, and to issue a notice to proceed with the work notwithstanding any pending or continuing challenge to its determination.

B. The City Manager upon consultation with the Purchasing Manager, shall decide whether to grant or deny the protest and shall notify the protesting bidder and protested bidder of the results. The decision will be transmitted by fax, personal delivery or email with a proof of service attached.

C. The decision of the City Manager’s office may be appealed to the City Council. If appealed, the appeal must be filed within three (3) City working days of the date on the proof of service of the City Manager’s decision. The appeal must be transmitted by fax, personal delivery or email to the City Clerk, with copies to the City Manager and Purchasing Manager. The appeal must state the reasons for the objection to the City Manager’s decision. However, no new evidence is allowed to be submitted or considered. The City Clerk shall calendar the appeal on the City Council agenda. The decision of the City Council shall be final. [Added by Ord. No. 19-3,923, eff. 12/6/19.]

When an emergency exists, besides the ability to procure goods, services or public works contracts without competitive bidding and/or letting contracts, the effected Department Director may expend funds for such procurement in response to the emergency from their budget without Council approval or appropriation. If the Department does not have funds in their budget to respond to the emergency, the City Manager may authorize expenditures from the City’s Designated Emergency Reserve without Council approval or appropriation. If funds are expended from the City’s designated emergency reserve, the City Manager will notify Council of the emergency and the resulting expenditures. [Added by Ord. No. 19-3,923, eff. 12/6/19.]