Norwalk Municipal Code Ch. 3.17 Public Projects

Adoption of Uniform Public Construction Cost Accounting Act. The City has elected to be subject to the Uniform Public Construction Cost Accounting Act (hereinafter referred to as the "UPCCAA"). City contracts for public projects and maintenance work shall be governed by applicable State laws including the UPCCAA, Public Contract Code Section 22000 et seq., and the California Uniform Construction Cost Accounting Commission's (hereinafter, "UCAA Commission") policies and procedures manual and cost accounting review procedures, as amended from time to time.

(Ord. 21-1722 § 2)

Unless the context otherwise requires, the following definitions, as well as the definitions in Chapter 3.16 (Purchasing System), shall govern the construction of this chapter:

"Facility"

means any plant, building, structure, ground facility, utility system, subject to the limitation found in paragraph 3 of the "public project" definition below, real property, streets and highways, or other public work improvement.

"Level 1 projects"

means public projects below the monetary threshold of subdivision (a) of Section 22032 of the Public Contract Code, as it may be amended from time to time by the State Controller or the State Legislature.

"Level 2 projects"

means public projects below the monetary threshold of subdivision (b) of Section 22032 of the Public Contract Code, as it may be amended from time to time by the State Controller or the State Legislature.

"Level 3 projects"

means public projects below the monetary threshold of subdivision (c) of Section 22032 of the Public Contract Code, as it may be amended from time to time by the State Controller or the State Legislature.

"Public project"

means any of the following:

Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any publicly owned, leased or operated facility;

Painting or repainting of any publicly owned, leased or operated facility;

In the case of a publicly owned utility system, "public property" includes only the construction, erection, improvement or repair of dams, reservoirs, power plants and electrical transmission lines of 230,000 volts and higher.

"Public project"

does not include maintenance work. For purposes of this chapter, "maintenance work" includes all of the following:

Routine, recurring and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes;

Minor repainting;

Resurfacing of streets and highways at less than one inch;

Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants and servicing of irrigation and sprinkler systems;

Work performed to keep, operate and maintain publicly owned water, power or waste disposal systems, including, but not limited to, dams, reservoirs, power plants and electrical transmission lines of 230,000 volts and higher.

(Ord. 21-1722 § 2)

This section shall govern the procedures for bidding all contracts to perform public projects, including any associated purchase of supplies, materials, and equipment for such projects. Projects funded by Federal, State, or local grants shall be awarded pursuant to the more restrictive bidding requirements.

A. Level 1 projects may be awarded by negotiated contract or by purchase order without competitive bidding.

B. Level 2 projects may be let to contract by the Purchasing Authority by the informal bid procedures set forth in this subsection. The Purchasing Authority may waive the requirement to solicit bids if performance of the public project is available from only one source and may solicit only two bids if performance of the public project is available from only two sources.

1. Oral Bids.

a. Bids shall be orally solicited from a minimum of three sources and may be received orally. The person who solicits the bids shall prepare a memorandum to the file documenting the identity of the bidders and the amount of the bids that were obtained.

b. The contract shall be awarded to the lowest responsive and responsible bidder only if the Purchasing Authority determines that such action is in the best interest of the City. The City may reject all bids or waive any irregularities or informalities in any bid or bidding.

2. Written Bids.

a. Bid specifications shall be prepared and a notice inviting informal bids shall be disseminated to a list of at least three prospective bidders in accordance with subsection (B)(4).

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

c. The contract shall be awarded to the lowest responsive and responsible bidder only if the Purchasing Authority determines that such action is in the best interest of the City. The City may reject all bids or waive any irregularities or informalities in any bid or bidding.

3. Contractors List.

a. The City shall develop and maintain a list of qualified contractors, identified according to categories of work, in accordance with the provisions of Section 22034 of the California Public Contract Code, or any successor statute thereto, and the criteria promulgated from time to time by the UCCA Commission.

b. The City Engineer shall publish annually, in all construction trade journals required by the UCCA Commission in accordance with Public Contract Code Section 22036, notice that the City has elected to become subject to the UPCCAA procedures, that it maintains a list of contractors qualified to submit bids on informal contracts, and of the City office to contact for all information necessary for a qualified contractor to be included on the list.

c. Any licensed California contractor may upon request be added to the list at any time.

d. The City Engineer shall develop and provide to contractors applying for inclusion on the list a simplified form requesting the applicant's name, address and California contractor's license number and classification.

4. Plans, Specifications and Working Details. The City Council delegates to the City Engineer authority to prepare advertisements, plans, specifications and working details for all informal contracts to enable a qualified contractor to perform the work required for each informal contract awarded.

5. Notice Inviting Informal Bids. At least 10 calendar days prior to the date informal bids are due, the City shall mail a notice inviting informal bids to all contractors from the applicable category of work to be bid, as shown on the contractors list developed in accordance with subsection (B)(3), and to all construction trade journals as specified by the UCCA Commission in accordance with Section 22036 of the California Public Contract Code, or any successor statute thereto. Said 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.

6. Opening of Bids and Award of Contract. At the time provided in the notice inviting informal bids, the Purchasing Authority shall open all bids timely received and shall award a contract to the lowest responsive and responsible bidder. If two or more bids are the same and lowest, the Purchasing Authority shall award the contract by drawing lots. If no bids are received, the City Engineer may solicit informal bids again, or perform the work by City forces, as he or she determines to be in the best interests of the City.

7. If all bids received are in excess of the amount set forth in subdivision (c) of Section 22032 of the Public Contract Code, the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, up to the amount set forth in subdivision (d) of Section 22034 of the Public Contract Code, to the lowest responsive and responsible bidder, if the City Council determines the cost estimate of the City was reasonable.

C. Level 3 projects shall be let to contract by the formal bidding procedures set forth in this subsection.

1. Bid Specifications. For all public projects that must be let pursuant to level 3 procedures, bid specifications shall be prepared, and notices inviting sealed bids shall be disseminated to at least three prospective bidders approved by the Purchasing Authority. In addition, bid plans and working details shall be formally adopted by the City Council for all public projects in accordance with the requirements of Section 22039 of the Public Contract Code or any successor statute thereto.

2. 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.

3. Receipt of Bids. Sealed bids shall be submitted to the City Clerk and shall be identified as "Bid" on the envelope. Bids shall have the date and time stamped by the City Clerk's Department and be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening. Bids must be received prior to the bid opening to be considered.

4. The City Council shall award the bid to the lowest responsive and responsible bidder, or reject all bids pursuant to Public Contract Code Section 22038, or its successor statute. The City Council may waive any irregularities or informalities in any bid or bidding.

5. Performance Bonds. The City Council or the Purchasing Authority, or designee, shall have the authority to require a performance bond before entering a contract, in such amount as it finds reasonably necessary to protect the best interests of the City. If the City requires a performance bond, the form and the amount of the bond shall be described in the notice inviting bids. Bidders who regularly do business with the City shall be permitted to file with the City Clerk an annual performance bond in an amount established by the Purchasing Authority. Such annual bonds shall be acceptable as surety in lieu of the furnishing of surety with each individual transaction; provided that, where required by law, a copy of such bond shall accompany the bid, and provided the annual bond affords sufficient security for the contract.

6. Insurance. All contracts shall be accompanied by proof of the appropriate level of insurance at the time of execution. The insurance level required shall be in accordance with the City's standard insurance requirements, or as otherwise approved by the Risk Manager.

7. The City Council may waive the procedures required by this subsection if the City Council determines that performance of the public project is available only from a single source and may send a notice inviting bids to only two prospective bidders if the City Council determines that performance of the public project is available from only two sources.

(Ord. 21-1722 § 2)

A. Bid security shall be required as a condition of submitting a written bid unless deemed unnecessary by the Purchasing Authority or her/his designee.

B. If a bidder is awarded a bid and then fails or refuses to execute a written contract with the City, the City may award the bid to the next lowest responsive and responsible bidder. If the bid is awarded to the next lowest responsive and responsible bidder under these circumstances, the amount of the lower bidder's bid security shall be applied by the City to the purchase or contract price differential between that bidder and the next lowest responsive and responsible bidder, and the remainder, if any, shall be returned to the lower bidder.

(Ord. 21-1722 § 2)

Oral interpretation of written bid specifications shall not be made to prospective bidders. If a prospective bidder discovers discrepancies or omissions in any specification, or if the bidder is in doubt as to the meaning of any specification, the bidder shall request a written interpretation or modification from the City. If interpretations or modifications are deemed necessary, the City will then issue a written addendum to all parties known to have received copies of the specifications.

(Ord. 21-1722 § 2)

A. The City Council delegates to the City Manager or designee the power to declare a public emergency, as defined in Public Contract Code Section 1102, and to accomplish repairs and/or replacements as are necessary to permit the continued operation or services of the City or to avoid danger to life or property. The work shall be performed at once without the benefit of informal or formal bidding. The work may be done by City forces, by contract, or by both. The City Manager or designee shall provide a full report on the emergency and work performed at the next meeting of the City Council, at which time the City Council must confirm such action by a four-fifths vote, and further determine appropriate action such as, but not limited to, whether work should continue without the benefit of informal or formal bidding.

B. Any other bidding exemption permitted by law.

(Ord. 21-1722 § 2)