Willits Municipal Code Ch. 3.09 Awarding Public Projects

Footnotes:

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Editor's note— Ord. No. 2021-02, § 3, adopted December 8, 2021, in effect, repealed former Ch. 3.09, §§ 3.09.010—3.09.070, and enacted a new Ch. 3.09 as set out herein. Former Ch. 3.09 pertained to similar subject matter and derived from Ord. 13-01, § 1.

This chapter is intended to establish regulations to apply to all public contracts in a manner that is consistent with the requirements of the Uniform Public Construction Cost Accounting Act (Public Contracts Code § 22000 et seq.). In the event of any conflict with the latter, the latter shall control.

(Ord. No. 2021-02, § 3, 12-8-2021)

A. Subject to any adjustments made by the uniform public construction cost accounting commission (commission) as provided in subsection F of this section, the city manager may cause public projects of sixty thousand dollars or less to be performed by employees of the city by force account, by negotiated contract, or by purchase order.

B. Subject to any adjustments made by the commission as provided in subsection F. of this section, public projects of two hundred thousand dollars or less, may be let to contract by informal procedures as set forth in Section 3.09.040.

C. Subject to any adjustments made by the commission as provided in subsection F. of this section, public projects of more than two hundred thousand dollars shall be let to contract by the formal bidding procedure outlined in Sections 3.09.050 and 3.09.060.

D. The term "public project," as defined by Public Contracts Code § 22002, means any construction, reconstruction, erection, alteration, renovation, improvement, demolition, or repair work involving any facility owned, leased, or operated by the city. A public project includes also the painting or repainting of any facility owned, leased or operated by the city.

E. Exclusions. The term "public project" does not include maintenance work. "Maintenance work" as defined by Public Contracts Code § 22002, means routine, recurring, and usual work for the preservation or protection of publicly owned or publicly operated facilities for the intended purposes of such facilities includes minor repainting, the resurfacing of streets and highways at less than one inch, the maintenance of landscaping, including: mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems. Maintenance work also includes work performed to keep, operate, and maintain any water, power, or waste disposal systems, which may be operated by the city. "Facility" means a plant, building, structure, ground facility, utility system (subject to limitations in Section 21002 of the Public Contract Code) and any real property, streets and highways, or other public work or improvement of the city.

F. The dollar limits set forth in subsections A. and B. of this section shall adjust without city council action as necessary to comply with any adjustment mandated by the controller pursuant to the authority granted by Public Contract Code § 22020.

(Ord. No. 2021-02, § 3, 12-8-2021)

A list of contractors shall be developed and maintained in accordance with Public Contracts Code § 22034(a) and any criteria promulgated from time to time by the commission. Such list will be maintained by the city manager or his/her designee.

(Ord. No. 2021-02, § 3, 12-8-2021)

The following apply to informal bids for public projects:

A. Notice to contractors shall be provided in accordance with either paragraph (1) or (2), or both.

1. 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 determined by the commission. All contractors on the list for the category of work being bid shall be mailed, faxed, or emailed a notice inviting informal bids unless the product or service is proprietary. All mailing of notices to contractors pursuant to this subdivision shall be completed not less than 10 calendar days before bids are due.

2. The city may elect to mail, fax, or email a notice inviting informal bids to all construction trade journals specified in Section 22036.

B. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids.

C. The city council may delegate the authority to award informal contracts to the public works director, city manager, purchasing agent, or other appropriate person.

D. If all bids received are in excess of two hundred thousand dollars ($200,000), the city council may, by adoption of a resolution by a four-fifths vote, award the contract, at two hundred twelve thousand five hundred dollars ($212,500) or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable.

E. Award of Contract. The contract shall be awarded to the lowest responsible bidder.

(Ord. No. 2021-02, § 3, 12-8-2021)

The following rules apply to notices for bids for public projects pursuant to the formal bidding process:

A. Contents of Notice. Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.

B. Publication of Notice. The notice shall be published at least fourteen calendar days before the date of opening the bids in a newspaper of general circulation, printed and published in the city, or otherwise comply with the requirements of Public Contracts Code § 22037.

C. Electronic Transmission 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 in accordance with Public Contract Code § 22036. The notice shall be sent at least fifteen calendar days before the date of opening the bids. The city may provide additional notice.

(Ord. No. 2021-02, § 3, 12-8-2021)

The following rules apply to awarding formal bids for public projects:

A. Rejecting Formal Bids. In its discretion, the city council may 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 agency, furnishes a written notice to an apparent low 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 in the manner described by this chapter.

2. By passage of a resolution by a four-fifths vote of the city 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 article.

B. Lowest Bidder. If a contract is awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the city may accept the one it chooses.

C. No Bids. If no bids are received through the formal or informal procedure, the project may be performed by the employees of the city by force account or negotiated contract without further complying with this chapter.

D. The city council or its designated representative shall adopt plans, specifications, and working details for all public projects exceeding the amount specified in subsection C. of Section 3.09.020 of this code.

(Ord. No. 2021-02, § 3, 12-8-2021)

A. In cases of emergency when repair or replacements are necessary, the city council may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the city council, by contractor, or by a combination of the two. The city council's authority under this section may be exercised by the city manager during an emergency declared pursuant to Chapter 2.44 of this code.

B. In case of an emergency, if notice for bids to let contracts will not be given, the city shall comply with Chapter 2.5 of Part 3 of Division 2 of the Public Contracting Code (commencing with Section 22050).

(Ord. No. 2021-02, § 3, 12-8-2021)