Chapter 1-5 — PUBLIC WORKS

Article 1 Contracts—General Provisions

All contracts and orders for Public Works projects shall be signed by the City Manager or designee.

Article 2

Contracts—Competitive Bids(Legislative History: Ordinance No. 84-013, 6/4/84; Ordinance No. 89-008, 3/20/89; Ordinance No. 2013-002, 4/1/13 (Section 1-5-200); Ordinance No. 2022-020, 12/5/22 (Section 1-5-200))

Public Works projects, other than maintenance and repair, requiring an expenditure in excess of Five thousand dollars shall be subject to competitive bidding. Projects requiring an expenditure in excess of One hundred thousand dollars shall be awarded by the City Council. Projects requiring an expenditure of One hundred thousand dollars or less shall be awarded by the City Manager or designee. For purposes of this Chapter, the term "City" shall mean and include the City Council for projects in excess of One hundred thousand dollars and shall mean and include the City Manager or designee for projects of One hundred thousand dollars or less. The City Manager may bring to the City Council for approval any Public Works project contract for any amount at any time.

No public works project shall be split into smaller projects or work orders for the purpose of evading the provisions of this Chapter.

A notice inviting bids shall be published once not less than seven days before the date of opening bids.

All bids shall be sealed, identified on the envelope, and submitted to the City at or before the time specified on the notice. At the time specified, the bids shall be publicly opened and read. Any bid submitted after commencement of bid opening shall be rejected and returned unopened.

Each bid shall be accompanied by a bid deposit equal to at least 10% of the amount bid. Such deposit shall be in the form of cash, certified or cashier's check payable to the City, or bidder's bond in favor of the City. If a bidder awarded a contract fails to execute the contract or furnish the bonds or certificates required within the time provided by the specifications, the bid deposit shall be forfeited to the City.

Except as otherwise provided herein, the City shall award a contract for a public works project to the lowest responsible bidder whose bid complies with the specifications. In determining responsibility, the City shall consider the known reliability, resources, experience, integrity and the reputation for workmanship of the various bidders. The City may waive any informalities or minor irregularities in bids received.

The City, in its discretion, may reject any bids received and may:

(a) Abandon the project;

(b) Readvertise;

(c) Proceed under Article 3 of this Chapter.

Upon a determination by the City that an emergency exists which threatens the public health, safety or welfare, the City may award a contract for a Public Works project without competitive bidding.

Notwithstanding the provisions of this Article 2 to the contrary, the City may award a contract or contracts for public works without formal competitive bidding contemplated by this Article whenever, upon competent evidence, the City finds that:

(a) Formal competitive bidding would result in greater cost and expense to the City and is
consequently impractical, undesirable or incongruous; or

(b) The public works contemplated are capable of being performed only by a sole provider
such as a public utility, the holder of an exclusive patent or franchise, or another
governmental agency; and

(c) In the instance of subsection (a) or (b) of this section, the price offered to the City is fair,
just and equitable.

Article 3
Accomplishment by City Employees(Legislative History: Ordinance No. 89-08, 3/20/89)

If no bids are received the City may order that a public works project be accomplished by City employees.

If all bids are unacceptable, either because the amounts of the bids are too high, or because the bids are not submitted by responsible bidders, or both, the City, after rejecting the bids, may determine that the work would be performed more reliably or more economically, or both, by City employees, and order that a public works project be accomplished by City employees.

Upon a determination that an emergency exists which threatens the public health, safety or welfare, and that the emergency can be met best by City employees, the City may order that a public works project be accomplished by City employees.

Article 4

Prevailing Wages(Legislative History: Ordinance No. 85-039, 10/28/85; Ordinance No. 2014-018, 11/3/14 (Section 1-5-400))

The provisions of this Article shall apply to the following contracts:

(a) City contracts for performance of public works valued in excess of Five thousand dollars; and

(b) Contracts between private persons for the performance of construction work under either of the following circumstances:

(1) The property subject to the construction work is privately owned, but upon completion of construction more than 50% of the gross leasable area is leased to the City for its use and such construction work is performed according to the plans and specifications of the City; or

(2) The property subject to the construction work is owned in fee by the City and is leased for private use or development.

Notwithstanding the other provisions of this section, the City shall comply with the provisions of Section 1782 of the California Labor Code and amendments to that section

when awarding all City contracts for the performance of public works.

Not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the contracts subject to the provisions of this Article are performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in Chapter 1 of Part 7 of Division 2 of the Labor Code (commencing at Section 1720 et seq.), shall be paid to all workers employed on such works. For purposes of this Article, workers employed by contractors or subcontractors in the execution of any contract subject to the provisions of this Article are deemed to be employed upon public work.

The contractor for all contracts subject to the provisions of this Article shall forfeit as penalty to the City Twenty-five dollars per calendar day or portion thereof for each worker paid less than the prevailing rates for such work or craft in which such worker is employed for any work done under the contract, or by any subcontractor under him or her. In addition to said penalty, the difference between the prevailing rates and the amounts paid for each worker less than the prevailing wage rates shall be paid to each worker by the contractor.

RELATIONS.

The determinations of the Director of the Department of Industrial Relations pursuant to Labor Code Section 1720 shall constitute the general prevailing rate of per diem wages for purposes of this Article. Nothing in this Article shall be construed to prohibit payment of more than the general rate of prevailing wages.

The City Clerk shall maintain for public inspection, the current wage determinations of the Director of the Department of Industrial Relations. All contracts subject to the provisions of this Article shall reference the obligations imposed hereby. Any contractor subject to the provisions hereof shall post a copy of the general prevailing rate of wages applicable to the work to be done at the job site.

The provisions of Section 1776 of the Labor Code pertaining to records, retention and inspection thereof shall be applicable to all contracts subject to the provisions of this Article.