For the purpose of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this chapter:
"City"
means the City of Ojai, California.
"Commission"
means the California Uniform Construction Cost Accounting
Commission.
"Public project"
means any of the following:
(1)
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Construction, reconstruction, erection, alteration, renovation,
improvement, demolition, and repair work involving any publicly owned,
leased, or operated facility.
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(2)
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Painting or repainting of any publicly owned, leased, or operated
facility.
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(3)
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In the case of a publicly owned utility system, "public project"
shall include only the construction, erection, improvement, or repair
of dams, reservoirs and powerplants.
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Public project does not include maintenance work. For purposes
of this chapter, "maintenance work" includes all of the following:
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(1)
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Routine, recurring, and usual work for the preservation or protection
of any publicly owned or publicly operated facility for its intended
purposes.
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(2)
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Minor repainting.
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(3)
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Resurfacing of streets at less than one inch.
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(4)
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Landscape maintenance, including mowing, watering, trimming,
pruning, planting, replacement of plants, and servicing of irrigation
and sprinkler systems.
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(5)
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Work performed to keep, operate, and maintain publicly owned
water, power, or waste disposal systems, including, but not limited
to, dams, reservoirs and powerplants.
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(§ 1, Ord. 761, eff. Oct. 10, 2002)
The purpose of this chapter is to establish the requirements
governing the selection of contractors to perform public projects
pursuant to Section 22034 of the
Public Contract Code. It is intended
to be in accordance with and subject to the requirements and provisions
of
Public Contract Code, Part 3, Chapter 2 (commencing with Section
22000).
(§ 1, Ord. 761, eff. Oct. 10, 2002)
Nothing in this chapter shall prohibit the City Council from
utilizing, as an alternative to the procedures set forth in this chapter,
the procedures set forth in
Public Contract Code, Part 3, Chapter
1 (commencing with Section 20100).
(§ 1, Ord. 761, eff. Oct. 10, 2002)
"Public projects," as defined by the Uniform Construction Cost
Accounting Act of the
Public Contract Code and in accordance with
the limits listed in Section 22032 of the
Public Contract Code, may
be let to contract by informal procedures as set forth in Section
22032, et seq., of the
Public Contract Code.
(§ 1, Ord. 761, eff. Oct. 10, 2002)
(a) Public
projects of $60,000.00 or less may be performed by the employees of
the City by force account, by negotiated contract, or by purchase
order.
(b) Public
projects of $200,000.00 or less may be let to contract by informal
procedures as set forth in
Public Contract Code, Part 3, Chapter 2
(commencing with Section 22000).
(c) Public
projects of more than $200,000.00 shall, except as otherwise provided
in this chapter, be let to contract by formal bidding procedure.
(§ 1, Ord. 761, eff. Oct. 10, 2002, as amended by § 2, Ord.
896, eff. may 26, 2019)
When utilizing the informal bid procedure, the following shall
apply:
(a) The City Clerk shall maintain a list of qualified contractors, identified according to the categories of work. The criteria for development and maintenance of the contractor's list shall be as determined by the Commission. The City by this chapter elects to notify construction trade journals in accordance with subsection
(b) when utilizing informal bidding procedures.
(b) All
contractors on the list for the category of work being bid or all
construction trade journals specified for Ventura County by the Commission,
or both, shall be mailed a notice inviting informal bids unless the
product or service is proprietary.
(c) All mailing of notices to contractors and construction trade journals pursuant to subsection
(b) shall be completed not less than 10 calendar days before bids are due.
(d) The
notice inviting informal bids shall describe the project in general
terms, how to obtain more detailed information about the project,
and state the time and place for the submission of bids.
(e) The City Council by adoption of this chapter hereby delegates the authority to award those informal contracts set forth in Section
7-4.05(a) above to the City Manager of the City. The City Council reserves the authority to award those informal contracts set forth in Section
7-4.05(b) exclusively to itself.
(f) If
all bids received are in excess of $100,000.00, the City Council may,
by passage of a resolution by a four-fifths vote, award the contract,
at $110,000.00, or less, to the lowest responsible bidder, if it determines
the City's cost estimate is reasonable.
(§ 1, Ord. 761, eff. Oct. 10, 2002)
Notice inviting formal bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project. The notice shall be published in accordance with
Public Contract Code Section 20164 at least 10 calendar days before the date of opening the bids. Notice shall be published at least twice, not less than five days apart, in a newspaper of general circulation published or distributed in the City. The notice inviting formal bids shall be mailed to all construction trade journals specified in Section
7-4.06(c) above at least 30 calendar days before the date of opening bids.
(§ 1, Ord. 761, eff. Oct. 10, 2002)
The City Council shall adopt plans, specifications, and working
details for all public projects exceeding $100,000.
(§ 1, Ord. 761, eff. Oct. 10, 2002)
(a) The
City may reject any bids presented. 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; or
(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 and determining that the project may be done by force account
without complying further with this chapter.
(b) 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) 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 complying further with this chapter.
(§ 1, Ord. 761, eff. Oct. 10, 2002)
It is unlawful to split or separate into smaller work orders
or projects any project for the purpose of evading the provisions
of this chapter requiring work to be done by contract after competitive
bidding.
(§ 1, Ord. 761, eff. Oct. 10, 2002)