Chapter 2-9
PUBLIC WORKS CONTRACTS
Sections:
2-9-02 Uniform construction cost accounting policies and procedures.
2-9-03 Public projects less than Sixty Thousand Dollars.
2-9-04 Public projects less than Two Hundred Thousand Dollars.
2-9-05 Public projects greater than Two Hundred Thousand Dollars.
2-9-01 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Purchasing Officer” shall mean the Purchasing Officer of the City as created by Section 2-7-02 of this title.
(b) “Public project” shall mean any of the following:
(1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility; and
(2) Painting or repainting any publicly owned, leased, or operated facility.
(c) “Public project” shall not include maintenance work. Maintenance work shall include all of the following:
(1) Routine, recurring, and usual work for the preservation or protection of any publicly owned and operated facility for its intended purposes;
(2) Minor repainting;
(3) Resurfacing of streets at less than one inch;
(4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; and
(5) Work performed to keep, operate, and maintain water, power, and waste disposal systems.
(d) “Facility” shall mean any plant, building, structure, ground facility, utility system, real property, street, or other public work improvement.
(561-CS, Enacted, 10/10/1985)
2-9-02 Uniform construction cost accounting policies and procedures.
The uniform construction cost accounting policies and procedures developed and as may be amended by the State from time to time are hereby adopted and incorporated by reference. Such alternate bidding procedures shall require the use of the policies and procedures incorporated in this chapter, and the City Engineer shall require such procedures and policies to be used on public projects where such alternate bidding procedures are used.
California Public Contract Code Section 22020 empowers the State Controller to make adjustments in the monetary limits set forth in Public Contract Code Sections 22032 and 22034 every five (5) years. As of July 1, 2011, those minimum limits are as set forth in the following sections.
(1156-CS, Amended, 10/27/2011; 1062-CS, Renumbered, 04/13/2006, Renumbered from 2-9-06.; 934-CS, Amended, 06/11/1998; 923-CS, Amended, 07/24/1997; 702-CS, Amended, 06/21/1990; 561-CS, Enacted, 10/10/1985)
2-9-03 Public projects less than Sixty Thousand Dollars.
Public projects of Sixty Thousand and no/100ths ($60,000.00) Dollars or less may be performed by the employees of the City agency by force account or by negotiated contract as follows:
(a) Force work by City employees. The City Engineer shall approve a work order for the public project following the guidelines outlined in TMC 2-9-02, and all charges relative to the project, including all labor, equipment rentals, materials, overhead costs, and the like, shall be charged to the work order.
(b) Negotiated contracts. The City Engineer shall negotiate with at least two (2) contractors whom he determines are capable of performing public projects of the type and size. Upon the completion of negotiations, the City Engineer shall select the best contract proposal. A written contract will be prepared, approved as to form by the City Attorney, and signed by the City Manager and the contractor. The City Engineer will then direct contractor to perform the required work.
(1253-CS, Amended, 04/25/2019; 1163-CS, Amended, 04/26/2012; 1062-CS, Renumbered, 04/13/2006, Renumbered from 2-9-02.; 923-CS, Amended, 07/24/1997; 702-CS, Amended, 06/21/1990; 561-CS, Enacted, 10/10/1985)
2-9-04 Public projects less than Two Hundred Thousand Dollars.
Public projects of Two Hundred Thousand and no/100ths ($200,000.00) Dollars or less may be let to contract by informal procedures as follows:
(a) The City Engineer shall maintain a list of qualified contractors according to the categories of work.
(b) All contractors on the list for the category of work being bid and/or all construction trade journals serving the area shall be mailed a notice inviting informal bids, unless the project or service is proprietary.
(c) The mailing of notices to contractors and construction trade journals shall be completed not less than ten (10) calendar days before the bids are due.
(d) The notice inviting informal bids shall describe the project in general terms; how to obtain more detailed information about the project; and state the time and place for the submission of bids.
(e) When deemed necessary by the City Engineer, a bid security may be required. The bid security shall be returned to all bidders; however, a successful bidder shall forfeit his security upon the refusal or failure to execute the contract within ten (10) days after notification of the award of the contract.
(f) The City Engineer shall receive sealed bids at the time and place stated in the public notice and tabulate the bids after the bids are opened.
(g) The Council shall award the contract to the lowest responsible bidder. The criteria for determining the lowest responsible bidder shall include, but not be limited to, the following:
(1) The ability, capacity, and skill to perform the contract;
(2) Whether the bidder has the facilities to perform the contract within the time specified;
(3) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
(4) The past performance of similar contracts; and
(5) Compliance with laws, ordinances, and regulations relating to the contract.
(1253-CS, Amended, 04/25/2019; 1156-CS, Amended, 10/27/2011; 1062-CS, Renumbered, 04/13/2006, Renumbered from 2-9-03.; 702-CS, Amended, 06/21/1990; 561-CS, Enacted, 10/10/1985)
2-9-05 Public projects greater than Two Hundred Thousand Dollars.
For public projects of more than Two Hundred Thousand and no/100ths ($200,000.00) Dollars, the final bidding procedures as prescribed in the Public Contract Code shall be followed.
(1253-CS, Amended, 04/25/2019; 1156-CS, Amended, 10/27/2011; 1062-CS, Renumbered, 04/13/2006, Renumbered from 2-0-04.; 561-CS, Enacted, 10/10/1985)
2-9-06 Emergencies.
In cases of great emergency, as determined by the Council, including, but not limited to, states of emergency as defined in Section 8558 of the Government Code of the State, when repairs or replacements are necessary to permit the continued conduct of the operation or services of a public agency or to avoid danger to life or property, the Council, by a majority vote, 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 Council, or by contract, or by a combination of the two (2).
(1062-CS, Renumbered, 04/13/2006, Renumbered from 2-9-05.; 923-CS, Amended, 07/24/1997; 561-CS, Enacted, 10/10/1985)