St. Helena Municipal Code Art. 3 Public Works Projects

The city council has elected to become subject to the Uniform Public Construction Cost Accounting Act and procedures as established by the California Uniform Construction Cost Accounting Commission in California Public Contract Code Section 22000 et seq. (Ord. 22-7 § 1 (Exh. A); Ord. 19-7 § 1 (Exh. A); Ord. 15-8 § 1 (Exh. A); Ord. 01-14; prior code § 2.92.010)

A. A public work project of sixty thousand dollars ($60,000.00) or less may be performed by city force account, by negotiated contract, or by purchase order in accordance with Section 3.04.220.

B. A public work project greater than sixty thousand dollars ($60,000.00) and less than or equal to two hundred thousand dollars ($200,000.00) may be let to contract by informal bid procedures in accordance with Section 3.04.230.

C. A public work project of more than two hundred thousand dollars ($200,000.00) shall, except as otherwise provided in this chapter, be let to contract by formal bidding procedure in accordance with Section 3.04.240.

The described project cost limits of subsections A through C of this section shall be increased automatically as authorized pursuant to the adjustments made by the California Uniform Construction Cost Accounting Commission under California Public Contract Code Section 22034. (Ord. 22-7 § 1 (Exh. A); Ord. 19-7 § 1 (Exh. A); Ord. 15-8 § 1 (Exh. A); Ord. 01-14; prior code § 2.92.020)

For those projects qualifying under Section 3.04.210(A), the applicable department head shall obtain a cost estimate from the project engineer or architect prior to issuing a purchase order or negotiating a contract with a responsible contractor. For any city force account work, the department head shall first comply with the guidelines established by the California Uniform Construction Cost Accounting Commission in determining the cost of the public work. The city manager shall have the authority to award and to execute any contract for the public work qualifying under Section 3.04.210(A). (Ord. 22-7 § 1 (Exh. A); Ord. 19-7 § 1 (Exh. A); Ord. 15-8 § 1 (Exh. A); Ord. 01-14; prior code § 2.92.030)

For those projects which qualify under Section 3.04.210(B) for informal bidding, the following procedures shall be used:

• A. Bidder’s List. The city shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maintenance of the contractors’ list shall be consistent with the Uniform Public Construction Cost Accounting Act rules.

• B. Notice. The city clerk shall prepare a notice inviting bids.

  1. Contents of Notice. The notice inviting bids shall include a general description of the services and/or articles to be purchased, where bid blanks and specifications may be obtained, the time and place for bid openings, and whether bid deposit or bond and faithful performance and/or warranty bond will be required.

2. Mailing of Notice. Unless the product or service is proprietary, all contractors on the city’s list for the category of work being bid shall be mailed a notice inviting informal bids, or an announcement/advertisement shall be placed in all construction trade journals, or both such mailing and advertising. The trade journals shall be those identified by the California Uniform Construction Cost Accounting Commission as appropriate for this area, in accordance with California Public Contract Code Section 22036.

3. Ten (10) Day Notice. Notices inviting informal bids shall be posted at the city hall and mailed at least ten (10) calendar days before the due date of submission of bids to all firms or suppliers on the bidder’s list for the category of work being bid and to such other vendors as the public works director deems appropriate.

4. Proprietary Products or Services. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting bids may be sent exclusively to such contractor or contractors.

C. Award. The city council shall award the contract to the lowest responsive and responsible bidder whose bid or proposal fulfills the purpose intended according to criteria designated in the solicitation. The council may waive any minor bid irregularities.

D. Bids in Excess of Statutory Amount. If all bids received are in excess of two hundred thousand dollars ($200,000.00), the city council may, by passage of a resolution by a four-fifths vote, award the contract to the lowest responsive and responsible bidder up to an amount not to exceed two hundred twelve thousand five hundred dollars ($212,500.00) if it determines the cost estimate of the city was reasonable. (Ord. 22-7 § 1 (Exh. A); Ord. 19-7 § 1 (Exh. A); Ord. 15-8 § 1 (Exh. A); Ord. 01-14; prior code § 2.92.040)

For those projects which qualify under Section 3.04.210(C) for formal bidding, the following procedures shall be used:

• A. Adoption of Plans. Prior to soliciting bids, unless otherwise delegated by the city council to the public works director, the city council shall approve and adopt the plans, specifications and working details, and authorize the bid request for all public work projects in excess of two hundred thousand dollars ($200,000.00).

• B. Notice. The city clerk shall prepare a notice inviting bids.

  1. Contents of Notice. The notice inviting bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.

  2. Publication of Notice. The notice shall be published at least once fourteen (14) calendar days before the date of opening the bids in a newspaper of general circulation, which is circulated within the jurisdiction of the city.

  3. Mailing of Notice. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified by the California Uniform Construction Cost Accounting Commission as appropriate for the area. The notice shall be mailed at least fifteen (15) calendar days before the date of opening the bids.

  4. Other Notice. In addition to notice required by this section, the city may give other notice as it deems proper.

C. Bid Opening Procedure. Sealed bids shall be submitted to the city clerk’s office and shall be identified as to bidder, project and bid on the envelope. Bids shall be opened by the city clerk’s staff in public at the time and place stated and as described in the notice inviting bids. A written record and tabulation shall be made at that time of all bids received, and shall be open for public inspection during regular business hours for a period of two years after the bid opening. The public works director shall make an analysis of the bids for compliance with bid specifications and thereafter make a recommendation for award or rejection.

D. Award. Contracts shall be awarded by the city council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended, according to criteria designated in the solicitation. The council may waive minor bid irregularities. (Ord. 22-7 § 1 (Exh. A); Ord. 19-7 § 1 (Exh. A); Ord. 15-8 § 1 (Exh. A); Ord. 01-14; prior code § 2.92.050)

A. The city shall require payment bonds for projects in excess of twenty-five thousand dollars ($25,000.00) in accordance with California Civil Code Section 9550, as may be amended from time to time. The city council may require bid security or bid bonds and performance and/or warranty bonds from an acceptable surety in such amounts as it finds reasonably necessary to protect the public interest. If the city requires a bond, the form and amount of the bond shall be described in the notice inviting bids.

B. Unsuccessful bidders shall be entitled to the return of bid security within sixty (60) days of the date of the award. However, the lowest responsive and responsible bidder shall forfeit all or part of its bid security, as may be determined by the council, upon the bidder’s refusal or failure to execute the contract within ten (10) days after the date of the award of the contract. On the refusal or failure of the lowest responsive and responsible bidder to execute the contract, the city council may award the contract to the next lowest responsible bidder. (Ord. 22-7 § 1 (Exh. A); Ord. 19-7 § 1 (Exh. A); Ord. 15-8 § 1 (Exh. A); Ord. 01-14; prior code § 2.92.060)

If no bids are received through the formal or informal procedure, the project may be performed by city employees by force account or by negotiated contract without further complying with this chapter. (Ord. 22-7 § 1 (Exh. A); Ord. 19-7 § 1 (Exh. A); Ord. 15-8 § 1 (Exh. A); Ord. 01-14; prior code § 2.92.070)

If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the city council may accept either bid or accept the lowest bid made by negotiation with the tied bidders. (Ord. 22-7 § 1 (Exh. A); Ord. 19-7 § 1 (Exh. A); Ord. 15-8 § 1 (Exh. A); Ord. 01-14; prior code § 2.92.080)

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

• A. Abandoning the project;

• B. Readvertising for bids in the manner described in this chapter; or

C. By passage of a resolution by a four-fifths vote of the council declaring that the project can be performed more economically by city employees, may have the project done by force account without further complying with this chapter. (Ord. 22-7 § 1 (Exh. A); Ord. 19-7 § 1 (Exh. A); Ord. 15-8 § 1 (Exh. A); Ord. 01-14; prior code § 2.92.090)

A. In cases of emergency as defined in this chapter, the city, pursuant to a four-fifths vote of the council, may proceed at once to replace or repair any public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without adopting plans, specifications, working details, or giving notice for bids to provide contracts. The work may be done by day labor under the direction of the council, by contractor, or by a combination of the two.

B. The city manager may order any action under this section subject to the provisions of California Public Contract Code Section 22050. (Ord. 22-7 § 1 (Exh. A); Ord. 19-7 § 1 (Exh. A); Ord. 15-8 § 1 (Exh. A); Ord. 01-14; prior code § 2.92.100)

Public works contracts are subject to prevailing wage requirements as set forth in California Labor Code Section 1720 et seq., as may be amended from time to time. (Ord. 22-7 § 1 (Exh. A); Ord. 19-7 § 1 (Exh. A); Ord. 15-8 § 1 (Exh. A); Ord. 01-14; prior code § 2.92.110)

Prospective bidders on a public works contract may be required to be pre-qualified in accordance with procedures adopted by city council resolution, subject to the provisions of California Public Contract Code Section 20101. (Ord. 22-7 § 1 (Exh. A); Ord. 19-7 § 1 (Exh. A); Ord. 15-8 § 1 (Exh. A); Ord. 01-14; prior code § 2.92.120)