Long Beach Municipal Code Ch. 2.86 Public Contracts

A. As a municipal corporation and Charter City, the City of Long Beach is exempt from and is not subject to the State Contract Act, Division 2, Part 2 of the Public Contract Code.

B. Notwithstanding anything to the contrary in the Public Contract Code, the requirements for and guidelines relating to a public works contract, including, but not limited to, notice, publication, the dollar amount of the public project triggering a bid, and the method of contracting during an emergency, shall be as set forth in the City Charter and in this Code.

(Ord. C-7819 § 1, 2002)

A. Notwithstanding anything to the contrary in the Public Contract Code, "emergency" shall mean an unexpected occurrence that poses a risk to life, health, property or any public service or that poses a safety hazard, in the discretion of an officer of the City.

B. Notwithstanding anything to the contrary in the Public Contract Code, "public project" shall mean a project for the construction of publicly-owned infrastructure which has a useful life of at least five (5) years or a project for the alteration or substantial repair of publicly-owned infrastructure which will extend its useful life at least five (5) years.

C. Notwithstanding anything to the contrary in the Public Contract Code, "public works contract" shall mean an agreement for the construction of publicly-owned infrastructure which has a useful life of at least five (5) years or an agreement for the alteration or substantial repair of publicly-owned infrastructure which will extend its useful life at least five (5) years.

D. Notwithstanding anything to the contrary in the Public Contract Code, "responsible bidder" means a bidder who has demonstrated the attributes of trustworthiness, quality, fitness, capacity and experience to perform a public works contract, in the sole discretion of the City. A bidder is not responsible if a determination of nonresponsibility is made in accordance with Chapter 2.93 of this Title.

(Ord. C-7819 § 1, 2002)

Notwithstanding anything to the contrary in the Public Contract Code, the City will identify the date, time and location of a mandatory prebid conference or site visit in the notice inviting bids for public works contracts, which date, time and location shall be at the sole discretion of the City.

(Ord. C-7819 § 1, 2002)

Notwithstanding anything to the contrary in the Public Contract Code, if the City has prepared plans and specifications in order to seek bids for a public project but the City decides to do the work with the City's own forces, then the City may alter the plans and specifications in its sole discretion prior to performing the work.

(Ord. C-7819 § 1, 2002)

Notwithstanding anything to the contrary in the Public Contract Code, in the procurement of architectural design services the City shall not be required to commit to or disclose contract provisions regarding liability, indemnity, or any other subject prior to the selection of an architectural design company and the negotiation of a contract for such services. Contract provisions are subject to negotiation and the prior disclosure of or commitment to particular provisions may preclude the City from obtaining the best available services.

(Ord. C-7819 § 1, 2002)

Notwithstanding anything to the contrary in the Public Contract Code, the City reserves the right to determine the lowest responsible bidder based on an analysis of the base bid and any one (1) or more alternates, in the City's sole discretion. Subsequent to the bid opening and a determination of the lowest responsible bidder based on such analysis, the City additionally reserves the right in its sole discretion to award a public works contract that adds one (1) or more alternates to the work even if those alternates were not used in the analysis to determine the lowest responsible bidder.

(Ord. C-7819 § 1, 2002)

Notwithstanding anything to the contrary in the Public Contract Code regarding claims or the payment of claims, all claims relating to public works contracts and payments based on those claims shall be resolved in accordance with Title 1, Division 3.6, Part 4 of the California Government Code or in accordance with this Code. The City shall not be required to arbitrate any claim.

(Ord. C-7819 § 1, 2002)

Notwithstanding anything to the contrary in the Public Contract Code, the City may deposit the bidder's security in the general fund or in any other fund or subfund, as directed by an officer of the City.

(Ord. C-7819 § 1, 2002)

A. Notwithstanding anything to the contrary in the Public Contract Code, the City may reject all bids and thereafter, in the discretion of the City Engineer or the Chief Engineer of the Long Beach Water Department, may rebid using the same plans and specifications, or may modify the plans and specifications by the addition or deduction of work and then rebid, or may determine that the public project is most feasible if done in phases and may then bid the public project in phases.

B. Notwithstanding anything to the contrary in the Public Contract Code, the City may at any time and in its sole discretion, whether or not after a bid and rebid, choose to construct a public project in phases or choose to split a public project into small items of work.

(Ord. C-7819 § 1, 2002)