This chapter is enacted for the purpose of implementing public works projects as provided in Section 19, Article XIX, of the City Charter and ensuring compliance with the bid thresholds and procedures outlined therein. This chapter aims to regulate the bidding process, including informal and formal bidding, for the construction, reconstruction, erection, alteration, renovation, improvement, demolition, maintenance or repair work involving any facility owned, leased, or operated by the City.
(a)
Public Works Project. The terms "public works project" and "public project" are interchangeable and shall mean projects involving construction, reconstruction, erection, alteration, renovation, improvement, demolition, or repair work involving any facility owned, leased, or operated by the City.
(b)
Facility. The term "facility" means any plant, building, structure, real property, street, or highway owned, leased, or operated by the City.
(c)
Publicly Available. The term "publicly available" means available upon request by a member of the public or by prompt posting to the City website.
(d)
Purchasing Agent. For the purposes of this chapter, the term "Purchasing Agent" shall mean either the City Engineer or the Public Works Director. An authorized designee may act as the Purchasing Agent, provided that such designation is made in writing by the Public Works Director and is subsequently approved in writing by the City Manager.
(e)
Force Account. "Force account" shall refer to the dollar value of labor, materials, and equipment calculated at the rate the City charges itself, as opposed to the value determined by prevailing wage rates. The calculation of labor costs shall be based upon the actual cost incurred by the City for such labor.
(f)
Lowest Responsible Bidder. The "lowest responsible bidder," as used in this chapter, shall mean the lowest responsible bidder who submits a responsive bid. When determining whether a bidder is responsible, the awarding agent may consider such factors as the bidder's ability, capacity, and skill to perform the contract, whether the bidder can perform the contract on time, the bidder's character, integrity, reputation, judgment, experience, efficiency, financial capability, whether the bidder has been barred from government contracts for prior misconduct, whether the bidder has the equipment and skills needed to perform the work, or has a subcontractor who does, and other similar factors.
(g)
Most Responsive Bidder. The "most responsive bidder," as used in this chapter, shall mean the quote provider who best responds to the City's specific requirements of price, quality, service, fitness, or capacity. Price shall not be the sole determining factor; additional considerations shall be considered, including, but not limited to, the quote provider's ability to fulfill the contract, the availability of necessary parts or services, prior experience, source continuity of specific materials, and any other factors pertinent to the City's needs for the acquisition of supplies, equipment, and services.
(h)
Maintenance. For the purposes of this chapter, certain public projects are considered to be maintenance projects. Maintenance projects are defined as activities necessary for the preservation, upkeep, or continued operation of City facilities and infrastructure. Maintenance work shall include, but is not limited to:
(1)
Routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes.
(2)
Painting, recoating, and resurfacing of an existing facility.
(3)
Replacement of existing facility and building systems including, but not limited to, architectural finishes, structural systems, mechanical systems, plumbing systems, electrical systems, weatherproofing, glazing to prevent loss of use. Replacement, for purposes of this chapter, includes in-kind replacement and modernization of these systems in response to advances in technology and materials that benefit the City, or due to the inability to perform strictly in-kind replacement.
(4)
Resurfacing of streets and highways at less than one inch.
(5)
Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems.
(6)
Work performed to keep, operate, and maintain publicly owned water, power, waste collection, or stormwater systems.
(7)
Projects listed in the Capital Improvement Program identified and designated by the City Council as maintenance projects.
(8)
Projects declared by the City Council by resolution to be a maintenance project.
(i)
Repair. For the purposes of this chapter, certain public projects are considered to be repair projects. Repair projects are defined as activities required to restore City facilities or infrastructure to their original, intended condition after damage, wear, or other degradation. Repair work shall include, but is not limited to:
(1)
Projects required to restore to intended use any component of the City's infrastructure that is rendered unsafe, unusable, or unserviceable, or in danger of becoming the same, due to failure of equipment, materials, or workmanship resulting from unforeseen events such as traffic collisions, fire, flood, extreme tides, significant weather, earthquake, acts of war or civil unrest, vandalism or other criminal activity, product failure, or similar unexpected circumstances.
(2)
Projects required to restore to intended use any component of the City's infrastructure that is rendered unsafe, unusable, or unserviceable, or in danger of becoming the same, due to deferral of maintenance activities.
(3)
Projects listed in the Capital Improvement Program identified and designated by the City Council as repair projects.
(4)
Projects declared by the City Council by resolution to be a repair project.
(j)
Electronic Procurement System. The term "electronic procurement system" shall mean the City's online platform used for the procurement processes, including, but not limited to, the issuance of solicitations, receipts of bids, proposals, and quotes.
(k)
Consistency with the Charter. Pursuant to Sections 19 and 19.1(a), Article XIX, of the City Charter, "maintenance" and "repair" projects shall be exempt from the bid limitations set forth in Section 2-6.1.02 and shall instead be governed by the provisions of Section 2-6.1.09. The provisions and definitions of "maintenance" and "repair" in this chapter are intended to be consistent with the City Charter. In the event of any inconsistency, the provisions of the Charter shall prevail, and this chapter shall be interpreted and applied accordingly.
(§ 1, Ord. 2570 c.s., eff. March 22, 1990, as amended by Ord. 3279-24 c.s., eff. November 15, 2024)