Charter

SECTION 1604.  CONTRACTS FOR PUBLIC WORKS.

The City Council shall, from time to time, establish, by ordinance, procedures to ensure the integrity of awarding all contracts for the construction or improvement of public works, buildings, streets, drains, sewers, utilities, parks and playgrounds. Subject to such exceptions as the City Council may establish, these procedures shall call for soliciting multiple bids for all contracts. The procedures shall be reviewed periodically by the City Council at a public hearing.

The City Council may award a contract without complying with the procedures then in place by a vote of at least four-fifths of its members after a public hearing.

This Charter has been enacted for the collective benefit of the People of the City of Culver City, and is not intended to confer legal rights or remedies upon individual persons or entities that elect to do business with the City. In furtherance of this intention, it is specifically declared that no contractor, person or entity shall be entitled to bring any legal or equitable action against the City alleging that the City failed to perform its obligations under this section or under any ordinance enacted to establish the procedures for awarding public works contracts. Nothing in this paragraph shall prohibit or restrict the City from adopting ordinances or entering into contracts that grant legally enforceable rights to one or more contractors, persons or entities.

Municipal Code

§ 3.07.090 CONTRACTS FOR PUBLIC WORKS PROJECTS.

The following procedures shall govern the award and implementation of contracts for Public Works Projects:

A) Public Works Projects within Purchasing Authority. The bidding of a Public Works Project involving an estimated expenditure within the Purchasing Authority shall comply with the informal bid procedures set forth in § 3.07.070 of this Subchapter.
B) Public Works Projects exceeding Purchasing Authority but not exceeding one hundred fifty thousand dollars ($150,000). The bidding of a Public Works Project involving an estimated expenditure exceeding the Purchasing Authority, but not exceeding one hundred fifty thousand dollars ($150,000.00), shall comply with the formal bid procedures set forth in § 3.07.075 of this Subchapter. Project plans and specifications for a Public Works Project in this category, when such project is not included in the current fiscal year adopted budget, shall be approved by City Council prior to the issuance of a notice inviting bids.
C) Public Works Projects exceeding one hundred fifty thousand dollars ($150,000). The bidding of a Public Works Project involving an estimated expenditure exceeding one hundred fifty thousand dollars ($150,000.00), shall comply with the formal bid procedures as set forth in § 3.07.075 of this Subchapter. Project plans and specifications for a Public Works Project in this category shall be approved by the City Council prior to issuance of a notice inviting bids.
D) Award of contract. Except as otherwise provided by this Subchapter:
1. The award of a contract for a Public Works Project involving an expenditure within the Purchasing Authority shall be made by the Purchasing Officer to the lowest responsive and responsible bidder.
2. The award of a contract for a Public Works Project involving an expenditure exceeding the Purchasing Authority shall be made by the City Council to the lowest responsive and responsible bidder.
E) Waiver of bidding procedures. The City Council, by four affirmative votes, may award a contract for a Public Works Project without complying with the formal bid procedures set forth in Section 3.07.075; provided, a public hearing is held on the award of the contract. Notice of the public hearing shall either be published in a newspaper of general circulation within the City or posted on the City’s website, and shall be posted at City Hall and other posting locations, as determined by the Purchasing Officer, at least ten (10) days prior to the date set for the public hearing.