Maywood Municipal Code Ch. 7 Public Projects

Section 3-4.06 provides that the City shall comply with all requirements of the California Public Contract Code for any public works project, as that term is defined therein. Accordingly, the intent of this chapter is to provide standardized procedures for awarding contracts for public projects in conformance with the Uniform Public Construction Cost Accounting Act as set forth in the Public Contract Code.

(Ord. No. 19-02, § 1, 7-10-2019)

Unless the context otherwise requires, the following definitions shall govern the construction of this chapter:

"Public project" shall be defined as that term is defined in Section 22002 of the California Public Contract Code or any successor statute thereto.

"Uniform Public Construction Cost Accounting Act" shall mean the procedures and regulations set forth in Chapter 2, commencing with Section 22000, to Part 3 of Division 2 of the California Public Contract Code or any successor act thereto.

(Ord. No. 1902, § 1, 7-10-2019)

All public projects shall be bid and let to contract in accordance with the procedures prescribed by the Uniform Public Construction Cost Accounting Act, or any successor act thereto, and the provisions set forth in this chapter.

(Ord. No. 1902, § 1, 7-10-2019)

This section shall govern the procedures for bidding and awarding all purchase orders and contracts to perform public projects. Bidding requirements and other purchasing and contracting procedures are categorized into three (3) different levels set forth below. Each level shall govern purchases and contracts of different values. Notwithstanding any provision of this chapter, the bidding and other procedures for awarding public project contracts shall not violate the limitations of the Uniform Public Construction Cost Accounting Act, as they may be amended from time to time by the State Controller or the State Legislature.

(a) Level 1 projects. Public projects that do not exceed the limit in Public Contract Code Section 22032(a), as it now exists or may subsequently be amended, may be performed by City employees by force account or may be awarded by negotiated contract or by purchase order without competitive bidding.

(b) Level 2 projects. Public projects that do not exceed the limit in Public Contract Code Section 22032(b), as it now exists or may subsequently be amended, may be let to contract by the informal bid procedures set forth in this subsection (b). All level 2 project contracts shall require informal competitive written bidding, as follows:

(1) Written bids.

a. Bid specifications shall be prepared and written notices soliciting written bids shall be disseminated consistent with paragraph (3) of subsection (b) of this section.

b. Bids shall be submitted in writing and must be received prior to the bid closing date to be considered.

c. The City Council shall award the contract to the lowest responsible and responsive bidder. If two (2) or more bids are the same and the lowest, the city may accept the one it chooses. The awarding authority may reject all bids, or waive any irregularities or informalities in any bid or bidding.

(2) Contractors list. The City may develop and maintain a list of qualified contractors, identified according to categories of work, in accordance with the provisions of Section 22034(a)(1) of the California Public Contract Code, or any successor statute thereto, and the minimum criteria for development and maintenance of the Contractors List as determined by the California Uniform Construction Cost Accounting Commission.

(3) Notice inviting informal bids. At least ten (10) calendar days prior to the date informal bids are due, the City shall mail, fax or email a notice inviting informal bids to one (1) or both of the following: (i) all contractors from the applicable category of work to be bid, as shown on the contractors list developed in accordance with paragraph (2) of subsection (b) of this section, or (ii) all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the California Public Contract Code, or any successor statute thereto. The notice shall describe the project in general terms, shall clearly indicate how to obtain more detailed information about the project, and shall set forth the time and place for the submission of bids.

(4) Minor Exception to Notice Inviting Informal Bids. Additional contractors or construction trade journals may be noticed at the discretion of the City department soliciting bids, provided, however:

a. If there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the California Public Contract Code, or any successor statute thereto.

b. 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.

(5) Excess bids. If all bids received pursuant to the procedures outlined in this subsection (b) are in excess of the limit in Public Contract Code Section 22032(b), the City Council may, by adoption of a resolution by a four-fifths (⅘) vote, award the contract to the lowest responsible bidder at the amount set forth in Public Contract Code Section 22034(d), if the City Council determines the cost estimate of the City was reasonable.

(c) Level 3 projects. Public projects that exceed the limit in Public Contract Code Section 22032(b), as it now exists or may subsequently be amended shall, except as otherwise provided by law, be let to contract by the formal bidding procedures set forth in this subsection (c).

(1) Notice inviting formal bids. The City shall publish and mail a notice inviting sealed formal bids in accordance with the provisions of California Public Contract Code Section 22037, or any successor statute thereto. Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published at least fourteen (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 City, in a newspaper of general circulation which is circulated within the City, or, if there is no newspaper which is circulated within the jurisdiction of the City, publication shall be by posting the notice in at least three (3) places within the City as have been designated by ordinance or regulation of the City as places for the posting of its notices. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified in Public Contract Code Section 22036. The notice shall be sent at least fifteen (15) calendar days before the date of opening the bids. In addition to notice required by this section, the City Manager, or his or her designee, may give such other notice as he or she deems proper.

(2) Receipt of Bids. Bids shall be sealed, and shall not be opened until the time and place designated in the bid specifications. Bids must be received prior to the bid opening to be considered.

(3) Award. 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. If two (2) or more bids are the same and the lowest, the city may accept the one it chooses. The City Council may waive any irregularities or informalities in any bid or bidding.

(d) No bids. If no bids are received through the formal or informal bid procedures described in this Section 3-7.04, the project may be performed by the employees of the City by force account, or negotiated contract without further complying with this chapter.

(Ord. No. 1902, § 1, 7-10-2019)

The City Manager is authorized to award bids and enter into contracts for level 1 public projects pursuant to Section 3-7.04(a) of this chapter, provided there exists an unencumbered appropriation in the fund account against which the expense is to be charged. In addition, the City Manager shall cause to be placed on the agenda of the City Council a quarterly report of any contracts or purchase orders awarded under this Section 3-7.05. The quarterly report shall contain the name of the contractor, a summary of the scope of work and the amount of the contract or purchase order.

(Ord. No. 1902, § 1, 7-10-2019)

The City Engineer is authorized to approve plans or designs for purposes of design immunity pursuant to Government Code section 830.6, for all public projects approved by the City Manager pursuant to Section 3-7.05. Nothing in this section is intended to, nor will it, preclude the City Council from separately or additionally approving plans or designs for purposes of design immunity pursuant to Government Code section 830.6.

(Ord. No. 1902, § 1, 7-10-2019)

Bid security shall be required as a condition of submitting a written bid unless deemed unnecessary by the City Manager or his or her designee. Bid security may be a bond issued by a licensed and duly qualified corporate surety, or the equivalent in cash, money order, cashier's check, certified check, unconditional letter of credit, or other form approved by the city attorney. Bid security must equal at least ten percent (10%) of the bid amount.

(Ord. No. 1902, § 1, 7-10-2019)

In cases of emergency when repair or replacements are necessary, the City may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the City, by contractor, or by a combination of the two. In case of an emergency, if notice for bids to let contracts will not be given, the City shall comply with Chapter 2.5 of the Public Contract Code (commencing with Section 22050 or any successor statute).

(Ord. No. 1902, § 1, 7-10-2019)

(a) The City Manager shall have the authority to execute change orders for any contract awarded pursuant to this chapter in an amount not to exceed twenty-five percent (25%) of the amount of the original contract as long as the work under the change order is reasonably related to the scope of work authorized under the original contract and funding for the public project has been budgeted.

(b) On a regular basis, a report shall be submitted to the City Council outlining all change orders that have been issued to contracts governed by this chapter during the reporting period.

(c) The limitations in contract authority related to change orders set forth in this section may be modified by resolution of the City Council.

(Ord. No. 21-02, § 1, 8-25-2021)