East Palo Alto Municipal Code Ch. 2.32 City Engineer

The duties and responsibilities of the city engineer shall be as set forth in this chapter. The city engineer also shall be ex-officio surveyor and road commissioner.

(Prior code § 7-1.101)

(Ord. No. 318, § 2, 11-5-2008)

The city engineer shall prepare all plans and specifications and estimates of cost not only on contract work but for engineering work on all new construction or reconstruction on city roads or bridges and other city real property done with city forces and equipment.

(Prior code § 7-1.102)

Road construction and repair contracts shall be let in accordance with the general law and shall be let only after public bidding whenever the cost thereof exceeds twenty-five thousand dollars ($25,000.00).

Whenever such contracts are let by public bidding, the city council shall adopt plans, profiles, cross-sections and specifications, and other contract documents, including a form of agreement, which contract documents shall have been first approved by the city attorney, and shall be caused to be published by the director of public works as required by law at least two consecutive times prior to the date set for opening bids, in a daily newspaper of general circulation printed and published in the city or county and designated by the council, or for at least two consecutive times prior to such date in a weekly newspaper printed and published in the city or county and designated by the city council.

All bids for road construction and/or repair shall be publicly opened by the clerk of the city council and any contract shall be awarded to the lowest responsible bidder, provided that in any case the council may reject all bids and advertise for new bids.

The city engineer shall make his or her recommendation to the city council as to the award of any such contract, prior to council action thereon. Upon the complete execution of the contract, the original thereof, together with the original bonds and certificates, shall be filed in the office of the clerk of the city council.

(Prior code § 7-1.103)

(Ord. No. 318, § 2, 11-5-2008)

In letting the contracts provided for in this chapter, bid bonds, certified checks or cashier's checks shall be required in an amount equal to not less than ten percent of the total amount of the bid, which security must accompany each bid and be security for the execution of a contract as specified in the contract documents, upon award thereof to the successful bidder. The city council may, however, waive the requirement of a bid bond whenever it determines that it is in the public interest and convenience to do so.

Faithful performance bonds equal to one hundred (100) percent of the contract price shall be executed in connection with all contracts let as aforesaid. Labor and materialmen's bonds shall be executed in an amount equal to at least fifty (50) percent of the contract price in all such cases.

(Prior code § 7-1.104)

Upon approval by the city council of a change or revision order to such contract, the city clerk may execute such change or revision order on behalf of the city.

(Prior code § 7-1.105)

The city engineer shall prepare all required maps for the city and the various city departments, including an election precinct map.

(Prior code § 7-1.106)

The city engineer shall supervise and control all engineering projects in accordance with city plans and specifications and all work done under contract or by extra force, on city streets, roads and highways, bridges, and on any construction, maintenance and repair in sewer, drainage and water maintenance districts.

(Prior code § 7-1.107)

(Ord. No. 318, § 3, 11-5-2008)

The area of the city, and such unincorporated territory as may be under the jurisdiction of the city for road purposes, may be divided by the city engineer into suitable districts or divisions of as near equal mileage as possible for the most economical construction, maintenance, and repair of roads therein; and the city engineer shall construct, supervise and control all maintenance and repair stations for road purposes therein.

(Prior code § 7-1.108)

It shall be the duty of the city engineer, or his foreman, to make frequent trips of inspection over the roads and paved ways within each district and inspect all bridges and culverts on such roads or paved ways, and all other engineering projects under the supervision and control of the city engineer.

(Prior code § 7-1.109)

All formal and informal complaints made to the city engineer's office with reference to defective city road or sidewalk conditions, or notification of such conditions, shall be filed and recorded in a book kept for that purpose and each such complaint or notice shall be investigated and a report thereon noted in such book and filed together with relevant dates and times and the action taken thereon, if any.

(Prior code § 7-1.110)

Immediately after discovering or learning of any defective or dangerous condition of any part of any road, highway, bridge, culvert, sidewalk or paved way under the jurisdiction of the city it shall be the duty of the city engineer to either repair the same or to give warning to the traveling public of such conditions by barriers, signs, warning lights, or other adequate means, and as soon thereafter as possible to remedy such defective or dangerous conditions; if for any reason, such condition cannot be rectified promptly, the road, sidewalk or way must be closed.

(Prior code § 7-1.111)

It shall be the duty of the city engineer and such employees of his department as are placed in charge of the construction, maintenance or repair of any road, paved way, bridge, or other engineering projects under the supervision and control of the city engineer, other than work being done under contract, to protect the traveling public from any danger due to the work being done or the conditions of the road, paved way or bridge, or other engineering project, by placing and maintaining in place such barriers and other warning signals, signs or lights as may be necessary.

(Prior code § 7-1.112)

Each foreman or person representing the city engineer and in charge of the construction, maintenance and repair of roads, paved ways, and bridges, and other engineering projects shall receive from the city engineer written or verbal instructions with reference to the duties set forth in this chapter; and the city engineer shall determine that each such person fully understands all of his/her duties in connection therewith to the end that no portion of any dangerous highway or other engineering projects shall be left unguarded.

(Prior code § 7-1.113)

The city engineer shall approve and certify the progress, estimates, allowances and final payments for work performed under all contracts and extra force account work for the construction, improvement, maintenance or repair of city streets, roads, highways, bridges and other engineering projects; and to certify as to the correctness of all payrolls for work done by day labor upon streets, roads, highways, and bridges, and other engineering projects under the supervision and control of the city engineer. He/she shall also approve all purchases of road and other materials purchased for the department, and shall certify as to the correctness of all claims presented for payment for such purchases.

(Prior code § 7-1.114)

The city engineer shall establish and maintain a cost and property accounting system, with the approval of the director of finance and not inconsistent with the laws of the state; such system to cover unit costs of the various classes of work performed by city forces and equipment under the supervision and control of the city engineer. He/she shall appoint and employ in accordance with the civil service rules and regulations, all necessary assistants, clerical help, deputies and employees necessary to carry on and operate the cost and property accounting system.

(Prior code § 7-1.115)

The city engineer shall establish, construct, supervise, control and maintain machine and repair shops for the maintenance and repair of automobiles, trucks, tractors, graders, power shovels, and other city road equipment, and shall operate such machine and repair shops in such manner as may provide for the most economical maintenance and repair of all road machinery and equipment and appliances. He/she shall employ, in accordance with the civil service rules and regulations, such mechanics, employees and workmen as may be necessary to properly operate each said machine and repair shops.

(Prior code § 7-1.116)

Editor's note— Ord. No. 318, § 4, adopted Nov. 5, 2008, deleted § 2.32.170, which pertained to city airports and derived from Prior code § 7-1.117.

The city engineer shall be ex-officio engineer of any and all sewer maintenance, water maintenance, drainage and sanitation districts, established according to law, of which the city council is the governing body, together with such other special districts of which he/she is made ex-officio engineer by resolution of the council. He/she shall prepare all such district budgets in the manner provided in this code for the preparation of budgets. He/she shall prepare all necessary plans and specifications for work to be done in such districts, except in cases where the City Council with the recommendation of the city engineer has appointed another engineer to perform engineering services in connection with a particular project. Where another engineer has been appointed such engineer shall be under the direct control and supervision of the city engineer.

The city engineer shall collect all revenues, pay all bills and generally administer the affairs of such special districts; he/she shall coordinate the administration of such districts and to accomplish such purpose he/she is given the power and authority pursuant to orders of the city council to transfer equipment, machinery, furnishings or supplies from one district to another. Subject to the approval of the city council, he/she may create and abolish positions in any of the districts under his/her supervision or he/she may use county employees in his/her department to perform the duties required therein and charge the respective districts therefor on a pro-rata basis.

All claims and demands against any such district shall be passed upon by the city engineer. If the officer should refuse or neglect to allow or reject a claim or demand for thirty (30) days after the same has been presented to him/her, such refusal or neglect may, at the option of the city council, be deemed equivalent to a final action and rejection of the claim or demand, and the city council thereafter may pass upon the same without a further consideration by the officer.

(Prior code § 7-1.118)