Chapter 27.06

PROCURING MINOR PUBLIC WORKS PROJECTS

For purposes of this Chapter 27.06, "Minor Public Works Project" means a Public Works Project that costs no more than the threshold amount of a Minor Public Works Contract. (Ord. 30308.)

The Director can enter into a contract, work order, amendment or change order in accordance with this Chapter 27.06 only if enough money from an applicable appropriation exists to pay for such contract, work order, amendment or change order. (Ord. 30308.)

27.06.030 Funding.

In accordance with the requirements of Chapter 27.48, the Director may authorize City employees under the Director's supervision to perform Minor Public Works Projects.

(Ord. 30308.)

27.06.040 City employees.

27.06.050 Request for quotes.

27.06.060 Competitive work orders.

• 27.06.070 On-call contracts.

27.06.080 Micro contracts.

27.06.090 Exceptions.

27.06.100 Contract requirements.

27.06.110 Contingency.

This Chapter 27.06 sets forth the Director's authority to procure and implement the following: (1) Minor Public Works Contracts and (2) other Public Works Projects that cost no more than the threshold amount of a Minor Public Works Contract.

(Ord. 30308.)

The Director will use a request for quotes process that complies with the following requirements as the primary method of procuring Minor Public Works Contracts.

• A. The Director may send a request for quotes to Contractors by telephone, fax, e-mail or any other electronic means.

• B. The request for quotes must be in writing, and the Director must send the same written request for quotes to all Contractors.

• C. The Director must give Contractors a reasonable amount of time to respond to a request for quotes given the complexity of the Minor Public Works Project.

• D. The Director may conduct the procurement consistent with the "best value" approach in Chapter 27.12, except that the Public Bidding requirements of Section 27.12.030 will not apply.

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• E. The Director must require Contractors to respond to a request for quotes in writing.

• F. The Director must solicit written quotes from at least 3 Contractors unless doing so is not practicable.

• G. Except where legal constraints on the expenditure of funds prohibits the use of preferences, the Director will give the following preferences to a Contractor in determining the lowest quote:

  1. A credit of 5.0 percent of the amount of the quote if the Contractor is a Local Business Enterprise, as defined in 4.12.030 of Chapter 4.12 of the Municipal Code; and

  2. An additional credit of 5.0 percent of the amount of the quote if the Contractor is also a Small Business Enterprise, as defined in 4.12.060 of Chapter 4.12 of the Municipal Code.

• H. The Director must award the Minor Public Works Contract in accordance with either of the following:

  1. To the Contractor submitting the lowest quote; or

  2. If the Director uses the "best value" approach, to the Contractor submitting the lowest quote as determined in accordance with Section 27.12.040 of Chapter 27.12.

• (Ord. 30308; 30762, 31237.)

As an alternative to the competitive procurement process in Section 27.06.050, the Director may procure Minor Public Works Projects as follows.

• A. The Director will enter into a contract with each member of a pool of Contractors that have been prequalified to perform Minor Public Works Projects involving a defined category of work. The contract will not include work for a specific Minor Public Works Project but will

state how Contractors in the pool will compete for work orders to perform specific projects as they arise.

• B. The contract that the Director enters with each prequalified Contractor must include, at a minimum, the following:

  1. How Contractors will compete for work orders consistent with the request for quotes process in Section 27.06.050; and

  2. The general terms and conditions for performing the Minor Public Works Projects consistent with requirements set forth in 27.06.100.

• C. The amount of each work order issued pursuant to a contract cannot exceed the threshold amount of a Minor Public Works Contract.

• D. The Director will implement a process by which, at least once every twenty four (24) months, new Contractors can be prequalified to participate in an already established pool of Contractors.

• (Ords. 30308, 30540.)

• A. An "On-Call Contract" is a City contract in which the specific maintenance or Public Works Project a Contractor will perform, and the compensation for such work, is not in the contract but is in negotiated work orders issued pursuant to the contract as the need for work arises.

• B. The Director will procure On-Call Contracts in the same manner as Major Public Works Contracts, except the lowest bidders will be ranked based on either of the following:

  1. The lowest percentage markup; or

  2. The lowest bid for an exemplary project when the procurement is based on unit prices as applied to an exemplary project.

• C. The Director cannot use On-Call Contracts to procure Major Public Works Projects, and no

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work order issued pursuant to an On-Call Contract can exceed the threshold amount of a Minor Public Works Contract.

• D. At the Director's discretion, the bid solicitation documents may allow for the award to multiple bidders in order of the lowest bids. When multiple awards have been made under such circumstances, then at the time that work orders are issued, the choice to issue work orders between or among the Contractors will be based on the following: (a) lowest total cost and (b) availability.

• (Ords. 30308, 30540, 31237.)

Notwithstanding anything to the contrary in this Chapter 27.06, the Director may procure without any competitive process a Minor Public Works Contract that does not exceed $75,000, as adjusted for inflation pursuant to Section 27.04.100. (Ords. 30308, 30540, 31237.)

Notwithstanding anything to the contrary in this Chapter 27.06, the Director of the Department of Public Works can procure the following contracts without any competitive process if the amount paid by the City is equal to or less than the threshold amount of a Minor Public Works Contract.

• A. The contract is an Intergovernmental Contract as defined in Section 27.34.020 of Chapter 27.34 of this Title, and the Director makes a written determination that having the other public or governmental entity perform the Minor Public Works Project is the most efficient way of completing the work.

• B. The contract is a City-Public Utility Contract as defined in Section 27.36.020 of Chapter 27.36 of this Title, and the Director makes a written determination that having the public utility perform the Minor Public Works Project is the most efficient way of completing the work.

  • C. The contract is a City-Developer Contract as defined in Section 27.38.020 of Chapter 27.38 of this Title and the CityDeveloper Contract complies with the requirements of Chapter 27.28 of this Title.

  • D. The Director makes a written finding that the contract is for Specialty Work, as defined in Section 27.40.020 of Chapter 27.40 of this Title.

  • E. The Director makes a written finding that the contract is for Work of Urgent Necessity, as defined in Section 27.42.020 of Chapter 27.42 of this Title.

  • F. The Director makes a written determination that an unusual or unique situation makes competitive procurement of the contract contrary to the public interest, the procurement is made with such competition as is practical under the circumstances, and the Director makes a written determination of the basis for the procurement and for the selection of the Contractor.

• (Ord. 30308.)

Any contract entered into pursuant to this Chapter 27.06, together with any work order issued pursuant to such contract, must include at least each of the following:

• A. Plans and specifications that are:

  1. Appropriately detailed given the complexity, magnitude and nature of the work;

  2. Prepared, signed and sealed by the appropriate registered design professional in accordance with any State law applicable to the preparation, signing and sealing of such plans and specifications; and

  3. Prepared in accordance with Chapter 27.20 of the Title 27 regarding

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  - directing a Contractor to use a designated material, product, service or business; 

• B. Bond, insurance and indemnity requirements in accordance with Chapter 27.24 of this Title 27;

• C. Environmental mitigation monitoring and reporting provisions consistent with Chapter 27.18 of this Title 27;

• D. Prevailing wage provisions consistent with Chapter 27.22 of this Title 27;

• E. Any Contractor or subcontractor workrelated qualification requirements that the Director determines are appropriate;

• F. Nondiscrimination requirements consistent with Chapter 4.08 of Title 4 of the Municipal Code; and

• G. Any other requirements the Director deems appropriate.

• (Ord. 30308.)

The amount of a contingency for a contract or work order entered pursuant to this Chapter 27.06 must comply with Section 27.04.050 of Chapter 27.04.

(Ord. 30308.)

The Director of the Department of Public Works may establish additional procedures for procuring Minor Public Works Projects, provided that such procedures involve a competitive process in which selection is based primarily on the lowest cost to the City.

(Ord. 30308.)

• A. The Director may execute a contract procured in accordance with, and otherwise complying with, the requirements of this Chapter 27.06.

• B. The Director has the following authority regarding each contract the Director executes:

  1. If the contract allows for the issuance of work orders, to execute work orders that comply with the requirements of the contract and this Chapter 27.06;

  2. To negotiate and execute change orders in accordance with Chapter 27.30 of this Title 27;

  3. To approve the plan or design associated with the contract, task order, amendment or change order;

  4. To terminate the contract or any work order; and

  5. To take such other actions the Director determines are reasonably necessary to implement the contract or work order.

• (Ord. 30308.)