Victorville Municipal Code Art. IV Public Works Projects

(a) Charter authority. Having been empowered by its charter to exercise full control over its municipal affairs, the city council hereby establishes its own standards, procedures, rules and regulations for the bidding, award and performance of contracts for public works projects which constitute municipal affairs, except as may be otherwise specified in this article IV.

(b) With respect to guidance regarding what public works projects constitute municipal affairs, the city manager shall consider the following factors, and prior to preparing bid documents, shall make a written determination, after consultation with the city attorney, whether a public works project so qualifies:

(1) The extent of the city's control over the public project;

(2) The extent to which the city is the source of the funds used to finance the public project; and

(3) The extent to which the public project is local in nature and scope.

(c) Exemption from Public Contract Code. Pursuant to section 1100.7 of the California Public Contract Code ("Public Contract Code"), the city council declares that the definitions and provisions pertaining to contracting for public works projects set forth in article IV and elsewhere in this chapter, shall govern the notice, publication, cost of public works projects triggering formal or competitive bidding (and exceptions thereto), method of awarding of contracts and contracting during an emergency with respect to public works projects constituting municipal affairs. The city is expressly exempt from provisions of the Public Contract Code which conflict with the provisions of its charter, this chapter or this code.

(d) Exceptions.

(1) When public works projects or other applicable contracts are funded by state or federal sources, including but not limited to, loans or grants, the city shall comply with any contract solicitation, bidding, evaluation and award rules or regulations required in order to receive such state or federal funds.

(2) For those public works projects determined not to qualify as municipal affairs, or those public works projects that do not utilize state and/or federal funding requiring particular bidding rules or regulations, the city shall follow the procedures set forth in the Uniform Public Construction Cost Accounting Act, Public Contract Code section 22000 et seq. (the "Act"). The bid limitations set forth set forth in section 22032 of the Act, as adjusted periodically by the Uniform Construction Cost Accounting Commission, shall apply and the city hereby adopts the informal bid procedure set forth in section 22034 of the Act to govern its selection of contractors under section 22032(b) of the Act.

(e) Although plans, specifications and working details shall be prepared for any public works project required to be bid using the formal bidding procedures set forth in section 2.28.210, there shall be no requirement for the city council to adopt plans, specifications, and working details for such public works project prior to the project being bid.

(f) Notwithstanding any Public Contract Code provisions relating to claims or payment of claims, any claims, relating to public works projects or payment for same shall be resolved pursuant to Title 1, Division 3.6, Part 4 of the California Government Code, or this code. The city shall not be obligated to arbitrate any claim.

(Ord. No. 2381, § 2, 9-18-18)

(a) All construction contract change orders shall comply with the city of Victorville standard construction specifications and/or such construction specifications as may be set forth in the contract documents for a particular public works project. The work description and justification should relate to the original project and should be necessary to achieve its original scope. Change Orders should not be used for additional tasks/work unrelated to the original contract unless the city council has waived the competitive bidding requirements and adopted a resolution making one or more of the findings in accordance with section 2.28.230. Change orders shall be approved and issued in writing by the city manager prior to the work being performed, subject to the provisions of the following subdivision (b).

(b) Provided the funding for the public works project contract has been previously approved and the expenditure of funds authorized by the city council, the city manager shall have the authority to execute change orders; provided however, that if a single contract change order (or the cumulative amount of change orders on a given public project) exceeds fifteen percent of the total contract price or two hundred thousand dollars (whichever amount is less), the city manager shall obtain city council approval prior to executing the change order. In emergency situations where stopping the work will result in severe repair or replacement delays and subject the city to excessive additional costs due to the delay in the project, the city manager may approve a change order that exceeds these limits provided he/she presents said change order to the city council for ratification at the next city council meeting.

(Ord. No. 2381, § 2, 9-18-18; Ord. No. 2429, § 10, 5-17-22)

Any public works project with an estimated cost of sixty thousand dollars or less, including any contingency established for change orders, is not subject to any competitive bidding requirements and may be performed by the employees of the city (force account) or awarded by Negotiated Contract or by purchase order. The city manager 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. The city manager shall have the authority to award and execute any contract for a public works project awarded under this section.

(Ord. No. 2381, § 2, 9-18-18; Ord. No. 2429, § 11, 5-17-22)

(a) Except as otherwise provided in this article, a public works project with an estimated cost which exceeds sixty thousand dollars, but is not more than five hundred thousand dollars including any contingency established for change orders, shall be let to contract by the city using the informal bid procedures set forth in this section.

(b) The informal bidding procedures are as follows:

(1) Bidder's List. The city manager may compile and 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 administrative rules and regulations established by the city manager.

(2) Notice. If the city manager compiles and maintains a list of qualified contractors, all contractors on the city's list for the category of work being bid shall be mailed a notice of inviting informal bids (unless the product or service is proprietary). If no list of qualified contractors is maintained, an announcement/advertisement shall be placed in construction trade journals as deemed appropriate by the project engineer or requesting department. The city manager or requesting department may also give such other notice as they deem appropriate (including but not limited to, newspaper publication, posting at city hall or on the city's web site).

(3) Minimum time period. All mailing of notices to contractors and announcements/advertisements published in the construction trade journals or other appropriate media pursuant to subsection 2.28.200(2) shall be completed not less than ten calendar days before bids are due.

(4) Notice contents. The notice inviting informal bids shall describe the project in general terms; provide an opportunity to obtain more detailed information about the project; state the time and place for submission of bids; require that the name of the bidder, the project title, and the term "bid" be written or otherwise affixed on the front of the envelope containing the bid; and list the city department/representative authorized to receive the bids. The notice inviting informal bids shall also contain a statement that bids received after the submission deadline, or bids submitted to the improper place or to the improper department/representative shall be returned unopened.

(5) Bid opening procedure. Bids shall be submitted to the appropriate city department/representative as designated in the notice inviting bids and shall be opened by the department representative (or his/her designee) at the time stated in the notice of inviting bids. A written record and tabulation shall be made at that time of all bids received, and any bids submitted after the deadline or submitted to a place or city department/representative not specified in the notice inviting bids shall be returned unopened.

(6) Determination of best value bidder. The city department representative (or his/her designee) in consultation with the city engineer/project manager, shall:

(A) Make an analysis of the bids for compliance with the general bid terms and the technical bid specifications;

(B) Rank the bidders from highest to lowest, based on the factors set forth in section 2.28.040 (the highest ranking bidder shall be the best value bidder); and

(C) Forward the ranking and all bids submitted to the city manager with a recommendation for rejection of all bids or award to the best value bidder. The city manager shall make the final recommendation for award to the city council.

(7) Award. With the exception of those public works projects solicited under this under this Section having an actual cost of one-hundred twenty-five thousand dollars or less, which contracts may be awarded or all bids rejected in the discretion of the city manager, the city council has the authority and discretion to award a contract or reject any or all bids on public works projects solicited under the informal bid process set forth in this section.

(A) If responsive and responsible bids are received and no decision to reject all bids is made, the city manager or city council, as applicable, shall make award of the contract to the best value bidder, even if such bidder did not submit the lowest monetary bid, provided the award amount is within the unencumbered appropriation for that item.

(B) The factors from section 2.28.0,40 of this chapter upon which the award was based shall be set forth in writing. Upon the refusal or failure of the best value bidder to execute the contract, the city manager or the city council, as applicable may award the contract to the next highest ranking best value bidder.

(8) Tie bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, the city manager or the city council, as applicable, may accept the one it chooses by drawing lots.

(9) No Bids. If no bids are received, the project may be let pursuant to section 2.28.190 without further need for compliance with this section.

(Ord. No. 2381, § 2, 9-18-18; Ord. No. 2429, § 12, 5-17-22)

(a) Except as otherwise provided in this article, a public works project with an estimated cost of more than five hundred thousand dollars including any contingency established for change orders, shall be let to contract using the formal bid procedures set forth in this section.

(b) The formal bidding procedures are as follows:

(1) Publication. A notice inviting formal bids shall be published at least once in a newspaper(s) of general circulation in the city not less than fourteen calendar days prior to the bid opening. Such formal notice inviting bids shall also be mailed to all construction trade journals, as determined by the project engineer or city manager as appropriate for the area, at least fourteen calendar days prior to the date of opening the bids. The city manager or project engineer may also give such other notice as they deem appropriate.

(2) Notice contents. The notice of inviting formal bids shall state the time and place for receiving and opening of sealed bids, distinctly describe the project, require that the name of the bidder, the project title, and the term "bid" be written or otherwise affixed on the front of the envelope containing the bid, and contain a statement that bids received after the submission deadline (or in the improper place) shall be returned unopened.

(3) Bid opening procedures. Sealed bids shall be submitted to the place designated in the notice inviting bids and shall be opened by the city clerk's staff in public at the time and place stated in the notice of inviting bids. A written record and tabulation shall be made at that time of all bids received, and any bids submitted after the deadline specified in the notice inviting bids (or bids submitted to the improper place) shall be returned unopened.

(4) Determination of best value bidder. The city manager, in consultation with the city engineer/project manager, shall:

(A) Make an analysis of the bids for compliance with the general bid terms and the technical bid specifications;

(B) Rank the bidders from highest to lowest, based on the factors set forth in section 2.28.040 (the highest ranking bidder shall be the best value bidder); and

(C) Prepare a recommendation to the city council for rejection of all bids or award to the best value bidder.

(5) Award. The city council has the authority and discretion to award the contract or reject any or all bids on public works projects solicited under the formal bid process set forth in this section.

(A) If responsive and responsible bids are received and no decision to reject all bids is made, the city council shall make award of the contract to the best value bidder, even if such bidder did not submit the lowest monetary bid, provided that the award amount is within the unencumbered appropriation for that item.

(B) The factors from section 2.28.040 upon which the award was based shall be set forth in writing. Upon the refusal or failure of the best value bidder to execute the contract, the city council may award the contract to the next highest ranking best value bidder.

(6) Tie bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, the city council may accept the one it chooses based upon a straw vote.

(7) No bids. If no bids are received, the project may be let pursuant the informal bid procedures set forth in section 2.28.200, or the city manager may request that the city council authorize procurement using section 2.28.190.

(Ord. No. 2381, § 2, 9-18-18)

(a) The city may, in its discretion, reject any bids presented if the city, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the city, furnishes a written notice to an apparent low monetary bidder. The notice shall inform the bidder of the city's intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the city intends to reject the bid. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimates of the project, the city shall have the option of either of the following:

(1) Abandoning the project or re-advertising for bids using the applicable procedure based on the monetary bid thresholds described in this article; or

(2) By passage of a resolution requiring a four-fifths vote of the membership of the city council for adoption when there are five sitting councilmembers, and a three-fourths vote of the membership of the city council for adoption when there are fewer than five sitting councilmembers on the city council declaring that the project can be performed more economically by city employees (force account) or awarded by negotiated contract or purchase order, the city may have the project done in such manner, without further compliance with this article.

(Ord. No. 2381, § 2, 9-18-18; Ord. No. 2429, § 13, 5-17-22)

(a) The city council, after reviewing and considering the facts of a particular public works project, may waive or modify the bidding requirements of this article by finding that any one or more of the following circumstances exist:

(1) Limitations on the source or the scope and nature of the contract are such that no more than one contractor is available to meet the technical specifications and/or quality considerations of the project.

(2) The work is of a highly specialized nature.

(3) There would be no competitive advantage to requiring bidding for the contract.

(4) The cost of the work would be significantly increased or its completion significantly delayed.

(5) An emergency, as determined by the city council exists. In the event of an emergency, the procedure set forth in section 2.28.240 shall be followed.

(6) After making the findings set forth in section 2.28.270, the city council determines that the city's interests would best be served by entering into a negotiated design/build contract for the public project's construction.

(7) There exist other specific considerations justifying the waiver of the bidding requirements.

(b) The facts and circumstances supporting the city council's determination that one or more of the bidding exceptions set forth in this section exempts a public works project from the competitive bidding procedures in this article shall be set forth in a resolution requiring a four-fifths vote of the membership of the city council for adoption when there are five sitting councilmembers, and a three-fourths vote of the membership of the city council for adoption when there are fewer than five sitting councilmembers on the city council (with the exception of a determination of the applicability of design/build, which shall only require a simple majority vote). Such resolution shall also specify the manner in which such public works project shall be procured (e.g., by negotiated contract, by formal or informal RFP/Q, by seeking written quotations, or such other method as the city council shall authorize).

(Ord. No. 2381, § 2, 9-18-18; Ord. No. 2427, § 2, 4-5-22)

In the event of an emergency (deemed by the city council to exist based on the factors in the definition set forth in subsection 2.28.050(6) of this chapter) the city council may proceed at once to replace, repair or in an appropriate case, construct any public works project without giving notice for bids to let contracts. The work may be done by day labor under direction of the city council, by contract, or by a combination of the two. The city council delegates to the city manager the power to declare the existence of an emergency and to take the actions set forth in this section, subject to confirmation by the city council at its next meeting, by a four-fifths vote of the membership of the city council when there are five sitting councilmembers, and a three-fourths vote of the membership of the city council when there are fewer than five sitting councilmembers on the city council.

(Ord. No. 2381, § 2, 9-18-18; Ord. No. 2429, § 14, 5-17-22)

(a) Payment of prevailing wages required. Except as specified in subdivision (b) of this section, the city will comply with state prevailing wage law when awarding and/or putting contracts for public works projects out to bid.

(b) Exceptions. Contracts for public works projects of twenty-five thousand dollars or less when the project is for construction work, or fifteen thousand dollars or less when the project is for alteration, demolition, repair, or maintenance work, are exempt from prevailing wage requirements, unless:

(i) Payment of prevailing wage is compelled by the terms of a federal or state grant or is otherwise funded from a source that requires prevailing wage; or

(ii) The public project is a matter of statewide concern (not a municipal affair). For guidance regarding what constitutes a municipal affair, see subsection 2.28.170(b).

(c) Each notice inviting bids shall specify that a public works project is subject to state prevailing wage law, unless one of the section 2.28.260(b) exceptions applies.

(d) For purposes of this section, the "city" includes any agency of the city and any entity controlled by the city whose contracts would be subject to this the provisions of this section.

(e) For purposes of determining if a project is the type of public project subject to the payment of prevailing wages under this section, the terms "public project" and/or "public works projects," shall have the same meaning as the term "public works," set forth in California Labor Code Section 1720.

(Ord. No. 2381, § 2, 9-18-18)

(a) The city shall not be required to comply with the provisions of this article or any state law pertaining to the bidding, awarding and/or administration of a contract for a public works project if the city council concludes that the project constitutes a municipal affair and that the city's interests would best be served by utilizing a negotiated design/build procurement for the project's construction.

(b) For purposes of this chapter, "design/build" means a procurement process in which both the design and construction of a public works project are procured from a single entity.

(c) The city council's conclusion for a design/build contract should be based upon supportive findings that the proposed design/build contract will:

(1) Provide for realistic and accurate budget estimates at the start of the planning process and thus contribute to more effective budget management;

(2) Avoid the delays and costly change orders that result from the traditional design-bid-build method of contracting; and

(3) Allow the city council to consider the overall design, aesthetics, and quality standards of the project's design to provide features not available through the design-bid-build method.

(d) Projects determined by the city council to be suitable for design-build, shall be procured using the formal RFP/Q solicitation procedures set forth in subsections 2.28.280(d) and (e) of this chapter. The city manager is authorized to develop appropriate additional rules and regulations to carry out the intent of this section, including but not limited to: information to be included in RFP/Q solicitations, procedures for evaluating design/build proposals, and rules for awarding design/build contracts.

(Ord. No. 2381, § 2, 9-18-18)