Livingston Municipal Code Ch. 21 Public Works Contracting Procedures Under the Uniform Public Cost…

This chapter adopts and implements the California Uniform Public Construction Cost Accounting Act (“UPSSAA”; Public Contract Code §§ 22000 et seq.), as amended from time to time. The city elects to become subject to and utilize the uniform construction cost accounting procedures for all public projects and, to the extent authorized by UPCCAA, for maintenance work.

(Ord. 662, passed 1-6-2026)

The definitions contained in public contract code § 22002 and those promulgated by the California Uniform Construction Cost Accounting Commission will apply to this chapter.

(Ord. 662, passed 1-6-2026)

(A) The city manager, or designee, will administer all bidding and contract award procedures under this chapter, consistent with UPCCAA.

(B) All bidding, contract award, and accounting must comply with UPCCAA, the California Uniform Construction Cost Accounting Commission’s Cost Accounting policies and procedures manual, and all applicable city regulations.

(Ord. 662, passed 1-6-2026)

(A) No competitive bidding required. Unless limited by city council resolution, public projects of up to the maximum threshold set by public contract code § 22032(a), as amended, may be performed by city employees by force account, or by negotiated contract or purchase order, without competitive bidding.

(B) Informal bidding. Public projects exceeding the threshold in public contract code § 22032 (a), but not exceeding the limit in public contract code § 22032 (b), may be let to contract by informal bidding as provided in public contract code § 22034 et seq. A notice inviting informal bids must be circulated using one (1) or both of the following alternatives.

(1) Notices inviting informal bids may be mailed, faxes, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with public contract code § 22034 (a).

(2) Notices inviting informal bids may be mailed to all construction trade journals as specified by the California Uniform Construction Cost. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids, provided, however: If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

(C) Formal bidding. Public projects exceeding the limit in Public Contract Code § 22032(b) must be awarded using formal bidding procedures as specified in Public Contract Code § 22032(c), with public notice and sealed bids, consistent with UPCCAA and this chapter.

(Ord. 662, passed 1-6-2026)

The city council may delegate authority for approval of contract change orders by resolution, minute order adopted at a regular meeting, or as provided in the contract approved by the council. Any change order exceeding such authorization limits must be approved by the city council by resolution, minute order, or as otherwise provided by applicable city regulations.

(Ord. 662, passed 1-6-2026)

(A) For projects subject to the informal or formal bidding requirements of Public Contract Code §§ 22032(b) and 22032(c), contracts must be awarded to the lowest responsive, responsible bidder pursuant to UPCCAA procedures.

(B) The city Manager or designee may reject any or all bids and waive minor irregularities or informalities, in accordance with law.

(Ord. 662, passed 1-6-2026)

(A) Contractors may be disqualified, temporarily suspended, or removed from the qualified contractor list or barred from bidding pursuant to procedures established by administrative regulation, which may include but are not limited to: failure to perform satisfactorily on previous contracts, violations of bidding procedures or laws, fraud, or other grounds permitted by law.

(B) Notice and an opportunity to be heard must be provided before any suspension or removal in non-emergency circumstances.

(Ord. 662, passed 1-6-2026)

(A) Right to protest. Any bidder or contractor who claims to be aggrieved in connection with the solicitation, evaluation, or award of a contract subject to this chapter may protest the matter as set forth below.

(B) Filing deadline. All protests must be submitted to the city in writing no later than five business days after the city's issuance of notice of intent to award or bid results. The protest must set forth the specific grounds, supporting facts, and requested remedy.

(C) Content of protest. The written protest must include:

(1) The name and address of the protestor;

(2) The title and/or number of the solicitation;

(3) A detailed statement of the factual and legal grounds for the protest, including copies of relevant documents and evidence;

(4) The specific ruling or relief requested.

(D) Stay of award. If the protest is timely and presents substantial issues, the award of the contract will be stayed until the protest is resolved, unless the city determines that proceeding with award is necessary for the protection of the city's interests.

(E) Response and review. The city manager or designee will review the protest, may request and review responses from relevant staff and other interested parties, and may request a meeting with the protestor to clarify issues.

(F) Decision. The city manager or designee must issue a written decision on the protest, stating the reasons for the action taken. The decision will be final and binding.

(G) Non-exclusive remedy. The procedures herein are not intended to limit the remedies otherwise available to the city under applicable law or contract.

(Ord. 662, passed 1-6-2026)

(A) For all public works contracts awarded pursuant to this chapter through informal or formal bidding, the contractor must furnish both a payment bond and a performance bond in amounts not less than required by applicable law (including Civil Code § 9550 and Public Contract Code § 20129, as may be amended).

(B) The contractor must procure and maintain such insurance (including workers' compensation, general liability, and automobile liability, as applicable) as specified in city administrative regulations and/or bid documents for the duration of the contract.

(C) The city manager or designee may require additional bonds or insurance coverage as deemed necessary and as set forth in bidding or contract documents.

(D) The required forms and documentation must be provided prior to execution of the contract and commencement of work.

(Ord. 662, passed 1-6-2026)

(A) The city manager may develop and maintain supplemental administrative regulations, procedures, and forms to implement and maintain compliance with this chapter and UPCCAA.

(B) The city manager is authorized to execute all contracts, purchase orders, or other necessary documentation for procurement related to projects under § 1-21-4(A) or contracts let and awarded by the city council under § 1-21-4(B) or § 1-21-4(C).

(Ord. 662, passed 1-6-2026)

In cases of emergency, as defined by Public Contract Code § 22035 and § 22050, the city may proceed without adopting plans, specifications, or giving notice for bids, provided the action is subsequently ratified as required by law.

(Ord. 662, passed 1-6-2026)

Any amendments to UPCCAA or implementing regulations will be deemed incorporated into this chapter upon their effective date.

(Ord. 662, passed 1-6-2026)