The purpose of this chapter is to establish procedures for the benefit and convenience of the City in the letting of public works contracts which are and shall be a part of every contract.
(Prior code § 8.400.010)
As used in this chapter, the following words are defined as follows:
"Contract work"
means employment of workers by contract, including change orders. "Contract work" excludes employment of City employees.
"Day work"
means maintenance or repair work performed by City employees.
"Director"
means the Director of Transportation and Public Works, the Director of Utilities or the Director of Recreation and Parks.
"Force account"
means work performed by a contractor on a time and materials basis.
"General services"
means any and all work performed or services rendered by independent contractors, with or without the furnishing of material, such as, but not limited to: custodial services, building and equipment maintenance, machinery and equipment rental, and telephone, gas, water, electric light and power services, excluding contracts for public works projects or professional services.
"Graffiti eradication"
means the removal or covering of graffiti, including, but not limited to, the use of a combination of chemicals, sandblasting and/or paint on both public and private property.
"Maintenance"
means recurrent, periodical or scheduled work required to preserve a public improvement, which includes work required to restore components that have deteriorated from wear and tear as well as work on a public improvement to prevent more costly damage or deterioration.
"Major contract"
means any contract let by the City for the performance of public works in an amount exceeding the cost limit established by Section 10105 of the State Contract Act.
"Minor contract"
means any contract let by the City for the performance of public works in an amount which does not exceed the cost limit established by Section 10105 of the State Contract Act.
"Professional services"
means services such as, but not limited to, the services of attorneys, physicians, architects, engineers, surveyors and other consultants or individuals or organizations possessing a high degree of technical skill.
"Public work"
means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind, including demolitions, and the construction and installation of drainage systems, lighting and signaling systems, sewer and water systems, and park and recreational facilities.
"Repair"
means restoration of a public improvement or components to such condition that it may be used effectively for its designated purpose, by overhaul or replacement of constituent parts or materials that have fallen out of compliance with State or Federal regulations or have deteriorated by action of the elements, vandalism, or wear and tear which cannot be corrected through maintenance. Repair includes restoring or replacing components of a public improvement damaged by fire, storm, explosions, the elements and other such disasters.
(Prior code § 8.400.020; Ord. 3076 § 1, 1993; Ord. 3598 § 1, 2003; Ord. 4005 §11, 2013; Ord. 2017-004 § 1)
No contract shall be approved for public works unless there exists an unencumbered appropriation in the fund account against which said contract is to be charged.
(Prior code § 8.400.031)
Except as otherwise provided by the Santa Rosa City Charter or ordinances pursuant thereto, the Director or authorized representative may establish written contract requirements for public works.
(Prior code § 8.400.032)
Except as otherwise provided in this chapter or the Santa Rosa City Charter, public works shall be contracted for and let to the lowest responsible bidder after notice. Bidding may be delegated or dispensed with in the discretion of the Director or Purchasing Agent if the expenditure is less than $10,000.00.
(Prior code § 8.400.034; Ord. 4005 § 13, 2013; Ord. 2017-004 § 2)
(A) 
Minor Contracts. A minor contract for public works may be made free of the bidding requirements of this chapter when the awarding authority determines that it is in the best interests of the City to suspend competitive bidding for that contract.
(B) 
Emergency Contracts. Emergency contracts for public works may be made free of the bidding requirements of this chapter when determined and declared by the awarding authority that an emergency exists.
(C) 
Sole Source Procurement. If 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 specifications, quality considerations, or other valid considerations, then contracts may be awarded free of any of the competitive bidding provisions of this chapter. Approval of the waiver of competitive bidding under this subsection may be made by the awarding authority after having reviewed and considered the reasons therefor.
(D) 
Day Work. The contracting and competitive bidding requirements of this chapter are not applicable in instances of day work.
(Prior code § 8.400.035; Ord. 4005 § 14, 2013; Ord. 2017-004 § 3)
After the bids are received on a particular public works contract, the awarding authority may in its sole discretion reject any and all bids presented and may readvertise.
(Prior code § 8.400.037)
(A) 
Bid Opening. Sealed bids shall be submitted to the City and shall be identified as bids on the envelope. Bids may also be submitted over the Internet, at the discretion of the Director, the Director's designee, or the Purchasing Agent, in accordance with California Public Contract Code Section 1601. Bids shall be opened in public at the time and place stated in the public notice or in the request inviting bids or proposals. A tabulation of all bids or proposals received shall be open for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening.
(B) 
Tie Bids. If two or more bids received are for the same total amount or unit price, the City may consider factors other than price and accept the one it chooses.
(C) 
Awarding Authority. Major contracts shall be awarded by the City Council except that the Board of Public Utilities may award major contracts in accordance with City Charter Section 25. Minor contracts may be awarded by the City Manager. Contracts within the award authority of the Purchasing Agent as established by Section 3-08.110 may be awarded by the Director or the Purchasing Agent.
(Prior code §8.400.038; Ord. 3076 § 2, 1993; Ord. 4005 § 16, 2013)
Unsuccessful bidders shall be entitled to the return of their security within 30 days from execution of the contract by the City.
The successful bidder shall forfeit his or her bid security upon his or her failure to execute the contract within 10 days after the notice of award has been delivered personally or by mail. If the successful bidder fails to execute the contract, then the award may be made to the next lowest responsible bidder. If the award is made to the next lowest responsible bidder, the amount of the lowest bidder's security may be applied by the City to the difference between the low bid and the next low bid, and the surplus, if any, shall be returned to the lowest bidder.
(Prior code § 8.400.039)
The successful bidder shall indemnify the City in accordance with the terms of the contract.
(Prior code § 8.400.040; Ord. 4005 § 17, 2013)
Notice inviting bids shall include a general description of the project, state where bid blanks and specifications may be secured, and the time and place for opening bids.
(Prior code § 8.400.041)
(A) 
Public Notice. Public notice inviting bids shall be published once at least 10 days before the date of opening the bids in a newspaper of general circulation printed and published in the City. In addition, the Director or the Director's designee may issue public notice to the trade publications. The Director or the Director's designee may waive the necessity to publish the invitation to bid in a newspaper published in the City if the scope and nature of the contract is such that contractors are not available in the local area, except that public notice by other appropriate means, including but not limited to notice in trade publications, shall be issued as determined by the Director or the Director's designee.
(B) 
Bid Security. All bidders shall furnish bidder's security in the amount of 10 percent of the contract price.
(Prior code § 8.410.010; Ord. 2772 § 1, 1989; Ord. 4005 § 18, 2013)
(A) 
Public Notice. Written proposals shall be solicited from at least three contractors by telephone, written request, or by public notice pursuant to Section 3-44.150(A). Bids may also be solicited and submitted over the Internet, at the discretion of the Director, the Director's designee, or the Purchasing Agent, in accordance with California Public Contract Code Section 1601. The contract shall be awarded to the lowest responsible bidder and shall be based on at least three bids or proposals where possible.
(B) 
Bid Security. Bidder's security in the amount of 10 percent of the contract price shall be included with the proposal except as provided below.
(Prior code § 8.420.010; Ord. 3151 § 1, 1994; Ord. 4005 § 20, 2013)
These procedures are for the benefit and convenience of the City. Failure to follow or enforce or expressly include the provisions of this chapter in the contract shall not be a waiver of the requirements of this chapter.
(Prior code §8.430.010)
(A) 
All public works, as defined in California Labor Code Sections 1720, 1720.2, 1720.3, and 1720.6, are subject to Division 2, Part 7, Chapter 1, Article 2 of California Prevailing Wage Law, commencing with Labor Code Section 1770 ("Article 2"). Contractors and subcontractors, as defined in Labor Code Section 1722.1, shall comply with all of the provisions of Article 2.
(B) 
The purpose and intent of this section is to formally enact a prevailing wage ordinance governing all City public works contracts that includes requirements that in all respects are equal to the requirements imposed by the provisions of California Prevailing Wage Law.
(Ord. 2017-004 § 6)