Santa Paula Municipal Code Ch. 56 Public Works Contracts

This chapter is adopted for the purpose of implementing and following the contracting procedures set forth in Article 3 of the Uniform Public Construction Cost Accounting Act (commencing at Section 22000 et seq. of the Cal. Public Contract Code), as it may be amended from time to time.

(Ord. 1080, passed 11-17-03; Am. Ord. 1303, passed 9-16-20)

For the purposes of this chapter, the following words and phrases shall have the following meanings:

ACT. The Uniform Public Construction Cost Accounting Act (Cal. Public Contract Code §§ 22000 et seq.).

CITY MANAGER. The City Manager or designee.

COMMISSION. The California Uniform Construction Cost Accounting Commission.

FACILITY. Any plant, building, structure, ground facility, utility system, subject to the limitation of division (1)(c) of the definition for public project below, real property, streets and highways, or other public work improvement.

PUBLIC PROJECT. Has the meaning assigned to it under Cal. Public Contract Code § 22002, as may be amended from time to time.

(1) Public project means any of the following:

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

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

(c) In the case of a city owned utility system, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of 230,000 volts and higher.

(2) Public project does not include maintenance work. Maintenance work includes all of the following:

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

(b) Minor repainting.

(c) Resurfacing of streets and highways at less than one inch.

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

(e) Work performed to keep, operate, and maintain city-owned water, power or waste disposal systems, including, but not limited to, dams, reservoirs, power plants and electrical transmission lines of 230,000 volts and higher.

(Ord. 1080, passed 11-17-03; Am. Ord. 1303, passed 9-16-20)

The City Manager shall compile and maintain a list of qualified contractors identified according to categories of work eligible to submit bids on informal contracts awarded by the city. This list shall comply with the requirements of the Act and the criteria promulgated, from time to time, by the Commission.

(Ord. 1303, passed 9-16-20)

(A) The total estimated cost of a public project determines the bidding procedures and procurement methods that must be followed. The monetary thresholds set forth in Cal. Public Contract Code § 22032, as may be amended from time to time, are incorporated as if fully set forth herein.

(B) The bidding thresholds for public projects are as follows:

(1) Sixty thousand dollars or less: May be procured by force account, negotiated contract, or by purchase order. Award may be by the City Manager.

(2) Two hundred thousand dollars or less: May be procured by Informal Bidding Procedures. Award may be by the City Manager.

(3) Over $200,000: Shall be procured by Formal Bidding Procedures. Award shall be by the City Council.

(Ord. 1303, passed 9-16-20)

The City Council shall adopt and approve plans, specifications, and working details for public projects procured by formal bidding procedures. For all other public projects, including emergency and change order work, the City Engineer, or designee, is authorized to adopt and approve plans, specifications, and working details.

(Ord. 1303, passed 9-16-20)

(A) When a public project is to be performed which qualifies for informal bidding, notice of such project shall be given as follows except where the product or service is proprietary:

(1) Mailed notice shall be sent to all contractors on the contractors list for the category of work being bid;

(2) Mailed notice shall be given to at least the minimum number of the construction trade journals specified by the Commission for the receipt of such notice for Ventura County; or

(3) Both of the above and such other additional notice as may be determined in the discretion of the city.

(B) If the product or service to be acquired is proprietary in nature such that it can only be obtained from a certain contractor or contractors, notice inviting bids may be sent only to such contractor or contractors provided the requirements of Cal. Public Contract Code § 3400 are complied with.

(C) All mailing of notices to contractors and construction trade journals shall be completed not less than ten calendar days before bids are due.

(D) The notice shall at a minimum describe the project in general terms, how to obtain more detailed information about the project and state the time and place for submission of bids.

(Ord. 1303, passed 9-16-20)

(A) When a public project is to be performed which is subject to formal bidding, notice of such project shall be given as follows:

(1) Notice shall be published in a newspaper of general circulation, printed and published in the jurisdiction of the city at least 14 calendar days before bids are due.

(2) Mailed notice shall be given to at least the minimum number of the construction trade journals specified by the Commission for the receipt of such notice for Ventura County at least 15 calendar days before bids are due.

(3) Additional notice to other contractors, trade journals or publications may, in the discretion of the city, be given.

(B) The notice shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.

(Ord. 1303, passed 9-16-20)

(A) Bidder's security. All bids shall be presented under sealed cover accompanied by a form of bidders' security as prescribed in the notices inviting bids in an amount at least equal to 10% of the bid amount. Bid security will be forfeited or paid to the city should the bidder fail to execute a contract within the time specified in the notice inviting bids.

(B) Bid opening procedure. Sealed bids shall be submitted to the City Clerk, or designee, and shall be identified as a bid on the envelope. Bids shall be opened in public at the time, date and place stated in the public notices. Late, misplaced, or unsealed bids cannot be considered.

(C) Rejection of bids. The City Manager or City Council, as the case may be, may, in the City Manager's or City Council's sole discretion, reject all bids and proceed as authorized by the Act.

(D) Award of contracts.

(1) The city shall review all bids received for completeness, accuracy, responsiveness to the invitation and bid documents, and the city's experience with or knowledge of the qualification and reliability of each bidder.

(2) If awarded, the contract shall be awarded to the lowest responsible bidder. If no bids are received, the project may be performed by employees of the city by force account or by negotiated contract without further complying with this chapter.

(3) If all bids received are in excess of the informal bidding limit, the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, at or below the provisional limit set forth in Cal. Public Contract Code § 22034(d), to the lowest responsible bidder, if it determines that the city's cost estimate was reasonable.

(4) If two or more bids received are the same and the lowest, the City Manager or City Council, as the case may be, may accept the bid it chooses.

(Ord. 1303, passed 9-16-20)

(A) Prior to making the award, any responsible bidder in connection with the award of a contract may protest the award. A subcontractor of a bidder or proposer may not submit a protest. In order for a bidder's protest to be considered valid, the protest must:

(1) Be filed in writing within five calendar days after the bid opening date relating to any bid. Any protest relating to a city determination or recommendation regarding the bidder's bid must be submitted within five calendar days after the city makes the determination or recommendation;

(2) Clearly identify the specific irregularity or accusation;

(3) Clearly identify the specific city staff determination or recommendation being protested, if applicable;

(4) Specify in detail the legal grounds for protest and the facts supporting the protest; and

(5) Include all relevant, supporting documentation with the protest at time of filing.

(B) Any grounds not raised in the written protest are deemed waived by the protesting bidder. If the protest does not comply with each of these requirements, the city may reject the protest without further review. If the protest is timely and complies with the above requirements, the city shall review the protest, any response from the challenged bidder(s), and all other relevant information. The city will provide a written decision to the protestor in a reasonable amount of time.

(C) The procedure and time limits set forth are mandatory and are the sole and exclusive remedy in the event of a bid protest. Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the bid protest, including filing a government code claim or legal proceeding.

(D) The protest procedure contained in this chapter shall not apply if a particular procurement solicitation contains a different protest procedure.

(Ord. 1303, passed 9-16-20)

(A) The City Manager shall have authority to approve change orders for public projects previously awarded by the City Manager, provided that change orders aggregated with the original contract do not exceed the dollar limits for award by the City Manager in this chapter, subject to an unencumbered appropriation in the fund against which such expenditure is to be charged.

(B) During the award of a contract by the City Council, the City Council may give the City Manager the authority to approve change orders, specific to that contract, based on either a percentage of the contract or a specific dollar amount. If no specific authority is given by the City Council, the City Manager may approve change orders for a City Council awarded contract subject to the dollar limits for award by the City Manager in this chapter, provided such change orders are within the approved contingency.

(C) Change orders in excess of the City Manager's authority may be approved by the City Manager and submitted to City Council for ratification under the following circumstance:

(1) The failure to immediately issue a change order may result in significant project cost increases or an unacceptable project delay due to work stoppage or other inefficiencies;

(2) A special meeting or a regularly scheduled meeting of the City Council is not scheduled within a reasonable period of time to sufficiently remedy the problem; and

(3) Funding for the change order is currently available within the appropriated budget.

(Ord. 1303, passed 9-16-20)

(A) Disaster relief. When in the case of a disaster, as further explained in Chapter 34 of this code, the requirements of this chapter do not apply.

(B) Emergency. When in the case of emergency.

(1) "Emergency" means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

(2) The City Council hereby delegates to the City Manager the power to take any directly related and immediate action required by an emergency, as defined in this section. In situations determined by the City Manager to constitute an emergency, the City Manager may take action pursuant to § 22035 of the Act and Cal. Public Contract Code § 22050. Work shall be performed without the benefit of competitive bidding, either formal or informal, only so long as necessary under those sections.

(3) A report on the emergency and work performed shall be provided at the next regular meeting of the City Council, and then at every meeting thereafter as required by Cal. Public Contract Code § 22050. At such meetings, the City Council shall determine, by a four-fifths vote, that there is a need to continue the action without the benefit of informal or formal competitive bidding in accordance with § 22035 of the Act and Cal. Public Contract Code § 22050. The City Council shall terminate the emergency action at the earliest possible date that conditions warrant, so that the remainder of the emergency action may be completed pursuant to informal or formal bidding procedures.

(C) No competitive market. When the City Council determines that a competitive market does not exist or that the city will not gain a competitive advantage by using the informal or formal bidding procedures, the city may use any other procurement method.

(D) Alternative delivery methods. In addition to the exceptions under this chapter, the city may utilize any alternative delivery methods that are otherwise available under the law. Examples of alternative delivery methods include, but are not limited to, design-build (Cal. Public Contract Code §§ 22160, et seq.), energy conservation projects (Cal. Gov't Code §§ 4217.10, et seq.) and public- private partnerships (Cal. Gov't Code §§ 5956, et seq.). The City Council shall authorize use of alternative delivery methods either prior to release of a solicitation or prior to award of a contract.

(E) Otherwise authorized. When otherwise authorized by this chapter or applicable law.

(Ord. 1303, passed 9-16-20)