El Centro Municipal Code Div. 5.1 Public Projects

For the purposes of this division, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directive.

Public project means any of the following:

(1) Construction, reconstruction, erection, alteration, renovation, improvement, demolition and repair work involving any city-owned, leased, or operated facility.

(2) Painting or repainting of any city-owned, leased, or operated facility.

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

(1) Routine, reoccurring, and usual work for the preservation or protection of any city-owned or city-operated facility for its intended purposes.

(2) Minor repainting.

(3) Resurfacing of streets and highways at less than one inch (1").

(4) Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.

Facility means, for purposes of this division, any plant, building, structure, ground facility, utility system, subject to the limitation found in the definition for "public project" hereinabove.

Formal procedures shall mean those procedures described in section 2-174 of the City Code.

(Ord. No. 90-15, § 1; Ord. No. 00-9, § 1, 8-20-00)

(a) Public projects of two hundred thousand dollars ($200,000.00) or less may be performed by the employees of the city by force account, by negotiated contract, by purchase order or may be let to contract by informal procedures as set forth in this division. If all informal bids received are in excess of two hundred thousand dollars ($200,000.00), the council may by passage of a resolution by a four-fifths (⅘) vote, award the contract, at two hundred twenty thousand dollars ($220,000.00), or less, if it determines that the cost estimate was reasonable.

(b) Public projects of more than two hundred thousand dollars ($200,000.00) shall, except as otherwise provided in this provision, be let to contract by formal bidding procedure.

(c) Public projects of more than two hundred thousand dollars ($200,000.00) shall be awarded by the council. Public projects of two hundred thousand dollars ($200,000.00) or less may be awarded by the purchasing officer and city manager. The city manager, or his/her designee, shall file a monthly information report to the city council concerning contracts awarded by the purchasing officer and city manager pursuant to this subsection.

(Ord. No. 90-15, § 1; Ord. No. 00-9, § 1, 8-20-00; Ord. No. 10-07, § 1, 6-2-10)

It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this division requiring work to be done by contract after competitive bidding.

(Ord. No. 90-15, § 1; Ord. No. 00-9, § 1, 8-20-00)

(a) The public works director shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maintenance of the contractor's list shall be as determined by the California Uniform Construction Cost Accounting Commission as defined in Article 2 of the Uniform Public Construction Cost Accounting Act (California Public Contract Code Section 22001 et seq.).

(b) All contractors on the list for the category of work being bid and/or all construction trade journals specified in Section 22036 of the Act shall be mailed a notice inviting informal bids unless the product or service is proprietary.

(c) All mailings of notices to contractors and construction trade journals pursuant to subdivision (b) hereof shall be completed not less than ten (10) calendar days before 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.

(Ord. No. 90-15, § 1; Ord. No. 00-9, § 1, 8-20-00)

In cases of great emergency, as determined by the council, including, but not limited to, states of emergency described in Section 8558 of the California Government Code, when repair or replacements are necessary to permit the continued conduct of the operation or services of the city or any agency thereof, or to avoid danger to life or property, the council, by 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, by contract, or by a combination of the two (2). The council, by majority vote, may delegate to the city manager the power to declare a public emergency subject to confirmation by the council by four-fifths (⅘) vote, at its next meeting.

(Ord. No. 90-15, § 1; Ord. No. 00-9, § 1, 8-20-00)

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 county and city as applicable; or, if there is no newspaper printed and published within the jurisdiction of 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 city, publication shall be by posting the notice in at least three (3) places within the city as has been designated by the city for the posting of its notices. The notice inviting formal bids shall also be mailed to all construction trade journals specified in Section 22036 of the Public Contract Code. The notice shall be mailed at least thirty (30) calendar days before the date of opening the bids. In addition to the notice required by this section, the city may give such other notice as it deems proper.

(Ord. No. 90-15, § 1; Ord. No. 00-9, § 1, 8-20-00)

(a) In its discretion, the council, or designated representative, may reject any bids presented. If after the first invitation for bids all bids are rejected, the council, or its designated representative, shall state the reasons for the rejection, and after reevaluating the cost estimates of the project, the council shall have the option of either of the following:

(1) Abandoning the project or readvertising for bids in the manner described in this division.

(2) By passage of a resolution of four-fifths vote of the council declaring the project can be performed more economically by the employees of the city, may have the project done by force account without further complying with this division.

(b) If a contract is awarded, it shall be awarded to the lowest responsible bidder. If two (2) or more bids are the same as the lowest, the council, or its designated representative, may accept the one it chooses.

(c) If no bids are received, the project may be performed by the city by force account, or by informal bidding procedures set forth herein without further complying with this division.

(Ord. No. 90-15, § 1; Ord. No. 00-9, § 1, 8-20-00)

(a) The council shall adopt plans, specifications, and working details for all public projects of more than two hundred thousand dollars ($200,000.00).

(b) Plans, specifications and working details for public projects of two hundred thousand dollars ($200,000.00) or less may be approved by the director of public works. The director of public works shall file a monthly information report to the City Council concerning the plans, specifications and working details of such projects approved pursuant to this sub-section.

(c) Any person may examine the plans, specifications, or working details, or all of these, adopted by the city for any project.

(Ord. No. 90-15, § 1; Ord. No. 97-1, § 1; Ord. No. 00-9, § 1, 8-20-00; Ord. No. 05-16, § 1, 1-4-06; Ord. No. 10-07, § 1, 6-2-10)

Contracts for public works projects, as defined in section 1720, et seq. of the California Labor Code, which are undertaken by or on behalf of the City, its agencies or sub-agencies, shall be subject to prevailing wage law (California Labor Code, § 1770 et seq.). Public works projects considered to be of statewide concern, and public works projects funded in whole or in part by state or federal loans, grants or other funding or involvement, where payment of prevailing wages is required in order to receive the state or federal funding or involvement, also shall be subject to the prevailing wage law. Any notice inviting bids for such public works projects shall include notification of the provisions of this section. The requirements of this section shall not apply to the projects exempted under section 2-185.19 of this Code.

(Ord. No. 10-05, § 1, 5-19-10)

Public works projects which are within the realm of the city's municipal affairs, and undertaken by the city, its agencies and sub-agencies are exempt from the prevailing wage requirements of section 2-185.18 of this Code as follows:

(a) Bond projects and contracts.

(b) Measure "D" projects and contracts.

(c) Seismic retrofit projects and contracts.

(d) General maintenance projects and contracts under a total dollar amount of $200,000.00.

(e) Capital projects and contracts under a total dollar amount of $1,000,000.00.

(Ord. No. 10-05, § 1, 5-19-10)