HomeMy WebLinkAboutOrdinance 2025 (Award of Public Works Contracts)CLERK’S CERTIFICATE
I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of
the Council of said City, do hereby certify that the foregoing
ORDINANCE NO. 2025
AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING
CHAPTER 11.50 OF TITLE 11 OF THE SAN RAFAEL MUNICIPAL CODE, TITLED
PUBLIC WORKS CONTRACT POLICY
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 17th day of January
2023; a SUMMARY of Ordinance No. 2025 was published as required by City Charter in
the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael,
and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City
Council of said City, held on the 6th day of February 2023, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this
7th day of February 2023
______________
LINDSAY LARA, City Clerk
ORDINANCE NO. 2025
AN ORDINANCE AMENDING CHAPTER 11.50 OF TITLE 11 OF THE SAN RAFAEL
MUNICIPAL CODE, TITLED PUBLIC WORKS CONTRACT POLICY
WHEREAS, Chapter 11.50 of the San Rafael Municipal Code (“SRMC”) sets forth the
City of San Rafael’s public works contract policy, which includes separate bidding and
award procedures for “minor contracts” and “major contracts”; and
WHEREAS, under the City’s policy, “minor contracts” are those of $125,000 or less, or
an amount otherwise set by resolution of the City Council. Minor contracts follow an
informal bidding process and may be awarded by the Director of Public Works and do not
require City Council award; and
WHEREAS, “major contracts” are those exceeding $125,000, or an amount otherwise set
by resolution of the City Council. All “major contracts” require formal bidding requirements
and City Council award; and
WHEREAS, the City’s policy also permits an exception to the bidding requirements for
contracts in an amount not exceeding $30,000; and
WHEREAS, the City Council desires to amend the City’s public works contract policy by
replacing the dollar amount limits specified in Chapter 11.50 for the City’s competitive
bidding exception, and award of minor (informal) contracts and major (formal) contracts,
with dollar amount limits to be set by resolution of the City Council; and
WHEREAS, the City Council further desires to amend Chapter 11.50 to incorporate
gender-neutral language; and
WHEREAS, this Ordinance No. 2025 was introduced and read by title only at a duly-noticed
public meeting of the San Rafael City Council on the 17th day of January 2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN
AS FOLLOWS:
DIVISION 1. Chapter 11.50 of Title 11 of the Municipal Code of the City of San Rafael
is hereby amended as follows. Additions are shown in underline and deletions in
strikethrough.
Chapter 11.50 – PUBLIC WORKS CONTRACT POLICY
11.50.010 Purpose.
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 procedures
are and shall be a part of every contract.
11.50.020 Definitions.
As used in this chapter, the following words are defined as follows:
A. "Contract work" means employment of workers by contract, including
change orders. Contract work excludes employment of city employees
and day work.
B. "Day work" means work performed by city employees and/or by the
employment of workers paid by the city on a daily basis.
C. "Department" means the department of public works.
D. "Director" means the director of public works.
E. "Force account" means work performed by a contractor on a time and
materials basis.
F. "Major contract" means any contract let by the city for the performance
of public works in an amount exceeding one hundred twenty-five
thousand dollars ($125,000.00), or such other amount as may be
established from time to time by resolution of the city council.
G. "Minor contract" means any contract let by the city for the performance
of public works in an amount of one hundred twenty-five thousand
dollars ($125,000.00) or less, or such other amount as may be
established from time to time by resolution of the city council.
H. "Public works" or "public works project" means:
1. The construction, improvement, alteration, modification and repair
of public buildings, works and facilities;
2. Work in or about streams, bays, waterfronts, embankments or
other works for protection against overflow;
3. Construction of streets and related improvements including
installation of lighting and signaling systems;
4. Construction of drainage systems;
5. Construction of parks, playgrounds and other recreational
improvements, scenic improvements, and enhancement projects;
6. Furnishing materials and supplies for any such project;
7. Maintenance and repair of public works; and
8. Other similar work.
I. "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.
J. "Support systems" 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.
11.50.030 Professional or support services—Chapter inapplicability.
This chapter has no application to the hiring of or contracting for professional or
support services.
11.50.040 Encumbrance of funds.
No public works 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.
11.50.050 Contract requirements.
Except as otherwise provided by the San Rafael City Charter or ordinances
pursuant thereto, the director or his their authorized representative may establish
written requirements to be included in all public works contracts.
11.50.060 Letting of public works contracts.
All contracts for public works shall be let in accordance with this chapter and such
rules and regulations as may be adopted by the director, or his their designee, to
carry out the purposes of this chapter.
11.50.070 Competitive bidding.
All public works contracts shall be based on competitive bids unless otherwise
provided in this chapter.
11.50.080 Emergency contracts.
Emergency contracts for public works may be made free of any of the bidding
requirements of this chapter when determined and declared by the city that an
emergency exists.
11.50.090 Exception to bidding requirement—Waiver.
A. Contracts in an amount not exceeding thirty thousand dollars
($30,000.00) established from time to time by resolution of the city
council may be awarded and executed by the director without recourse
to the competitive bidding provisions of this chapter.
B. The city council, after reviewing and considering the facts of a particular
public works project, may waive the bidding requirements of this chapter
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. There exist other specific considerations justifying the waiver of the
bidding requirements.
C. Contracts may be awarded and executed by the director without
recourse to the competitive bidding provisions of this chapter if he or she
the director determines that an emergency exists which requires work to
be performed within a shortened time frame. For purposes of this
section, "emergency" means a sudden, unexpected occurrence that
poses a clear and imminent danger, requiring immediate action to
prevent or mitigate the loss or impairment of life, health, property, or
essential public services.
11.50.100 Rejecting bids.
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 either
readvertise bids or may have the work done by the awarding authority.
11.50.110 Contract award.
A. Bid Opening. Sealed bids shall be submitted to the city at the location
specified in the public notice. The bids shall be so identified on the
envelope with reference to the specific request inviting bids to which it
relates. Bids shall be opened in public at the time and place stated in the
public notice or in the request inviting bids. A tabulation of all bids
received shall be open for public inspection during regular business
hours for a period of not less than thirty (30) calendar days after the bid
opening.
B. Tie Bids. If two (2) or more bids received are for the same total amount
or unit price, the awarding authority may consider factors other than
price and accept the one it chooses.
C. Awarding Authority. Bids on major contracts shall be awarded by the city
council. Bids on minor contracts may be awarded by the director.
11.50.120 Bidder's security.
Unsuccessful bidders shall be entitled to the return of their security within thirty (30)
days from execution of the contract by the city.
The successful bidder shall forfeit his their security upon his the bidder’s failure to
execute the contract within ten (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. The amount of
the lowest bidder's security may then 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.
11.50.130 Indemnification.
The contractor shall defend, indemnify and hold harmless the city, its officers,
agents and employees, from all claims, loss, damage, injury and liability of every
kind, nature and description, directly or indirectly arising from the performance of
the contract or work, regardless of responsibility for negligence (including costs and
expenses, which include attorney's fees, incurred in connection therewith) and from
any and all claims, loss, damage, injury and liability, howsoever the same may be
caused, resulting directly or indirectly from the nature of the work covered by the
contract, regardless of responsibility for negligence (including costs and expenses,
which include attorney's fees, incurred in connection therewith) but excluding
liabilities due to the sole negligence or willful misconduct of the city.
11.50.140 Notice inviting bids.
Notice inviting bids shall include a general description of the project, the location
where bid blanks and specifications may be secured, and the time and place for
opening bids.
11.50.150 Major contracts—Bidding procedures.
A. Public Notice. Public notice inviting bids shall be published once at least
ten (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 his/her their designee may issue public notice to the trade
publications. The director or his/her their 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 his/her
their designee.
B. Award of Contract. The contract shall be awarded to the lowest,
responsive and responsible bidder.
C. Bid Security. All bidders shall furnish bidder's security in the amount of
ten percent (10%) of the contract price by way of cash, cashier's check,
certified check or bid bond in a form acceptable to the city.
11.50.160 Major contracts—Requirements.
A. Bonds. The successful bidder shall furnish the following bonds to the
city within ten (10) days following notification of the award of the
contract:
1. Performance bond in the amount of one hundred percent (100%)
of the contract price;
2. Labor and materials bond in the amount of one hundred percent
(100%) of the contract price;
3. Materials guaranty (maintenance) bond in the amount of fifty
percent (50%) of the contract price. This bond shall unconditionally
guarantee materials for a period of one year from and after the
date of recordation of the notice of completion.
All bonds must be issued by a surety insurer, admitted in California, and
must be issued in the form of a bond, not a deposit in lieu of a bond.
However, a certificate of deposit, may be substituted upon approval of
the awarding authority.
B. Insurance. The contractor shall assume all responsibility for damage to
property or injury to person(s) caused in any manner by his the
contractor’s performance under the contract, by any equipment
furnished by him the contractor under the contract, or by the operation
thereof. The contractor shall obtain and maintain, during the entire life of
the contract, such public liability and property damage insurance
satisfactory to the city and its attorney, as shall protect him the
contractor and the city from loss, liability, or claims for damages or
personal injury, including accidental death as well as for claims for
property damage, which may arise from or out of performance of the
contract, whether such performance be by himself the contractor, his the
contractor’s subcontractor(s), anyone directly or indirectly employed by
him the contractor, or the city, its officers, agents or employees. The
amount and requirements of such insurance shall be as follows:
1. Public liability insurance in an amount not less than five hundred
thousand dollars ($500,000.00) per person, one million dollars
($1,000,000.00) per incident, or one million dollars ($1,000,000.00)
combined single limit;
2. Professional liability (errors or omissions) insurance in a like
amount, if applicable;
3. Public liability insurance for property damage in an amount not less
than five hundred thousand dollars ($500,000.00);
4. Such policies shall name the city of San Rafael, its officers,
employees and agents as additional insureds; said policies shall
be primary insurance;
5. A current certificate of insurance shall be furnished to the director
showing the required insurance coverage and providing for thirty
(30) days written notice by registered mail to the city by the
insurance company and the contractor, prior to cancellation or any
change in policy coverage. Additionally, an endorsement to the
policy specifically enumerating the additional insureds as stated in
subsection (B)(4) of this section, shall be furnished to the director.
6. Workers compensation insurance and all employee taxes and
employee benefits required by law shall be the sole responsibility
of the contractor. Contractor shall provide written evidence of
workers compensation insurance coverage.
The contractor's insurer must be an admitted insurer in the state of
California. Upon request, contractor shall provide city a copy of any
insurance policies mentioned in this section.
C. Wage Rates. Pursuant to the requirements of California Labor Code,
Section 1771, the general prevailing wage rates in the locality in which
the work is to be performed, for each craft or type of worker needed to
execute the contract, shall be followed.
D. Payments and Retention.
1. Method of payment may be set forth in the contract, otherwise no
payment shall be made to the contractor until the contract is
performed satisfactorily and the notice of completion is recorded by
the city.
2. Ten percent (10%) of the contract price shall be retained from all
contracts for a period of thirty-five (35) days from and after the date
of recordation of the notice of completion unless otherwise
specified in the contract. The director may determine a higher
retention is necessary to cover any unpaid claims, provided proper
stop notices, pursuant to the California Civil Code, of said claims
have been filed in the office of the city finance director or the public
works director.
E. Form of Contract. The contract document shall be the city's standard
contract, for public works, as modified to the specifics of the project.
11.50.170 Minor contracts—Bidding procedures.
A. Public Notice. Proposals shall be solicited from at least three (3)
contractors by telephone, written request, or by public notice pursuant to
Sections 11.50.140 and 11.50.150(A). The contract shall be awarded to
the lowest responsive and responsible bidder and shall be based on at
least three (3) bids or proposals where possible.
B. Bid Security. Bidder's security in the amount of ten percent (10%) of the
contract price may be required with the proposal if deemed necessary
by the director.
11.50.180 Minor contracts—Requirements.
A. Bonds. The director or his/her their designee may require a performance
bond, a materials and labor bond, and a maintenance bond before
awarding a contract, in such amounts as he/she the director determines
are reasonably necessary to provide for the best interest of the city. The
form and amount of said bond(s) shall be described in the oral or written
notice inviting bids.
B. Insurance. The contractor shall assume all responsibility for damage to
property or injuries to person(s) caused in any manner by his the
contractor’s performance under the contract, by any equipment
furnished by him the contractor under the contract, or by the operation
thereof. The contractor shall obtain and maintain during the entire life of
the contract such public liability and property damage insurance,
satisfactory to the city and its attorney, as shall protect him the
contractor and the city from loss liability, or claims for damages or
personal injury, including accidental death as well as for claims for
property damage, which may arise from or out of performance of the
contract, whether such performance be by himself the contractor, his the
contractor’s subcontractor(s) or anyone directly or indirectly employed
by him the contractor, or by the city, its officers, agents or employees.
The amount and requirements of such insurance shall be as follows:
1. Public liability insurance in an amount not less than five hundred
thousand dollars ($500,000.00) per person, one million dollars
($1,000,000.00) per incident, or one million dollars ($1,000,000.00)
combined single limit;
2. Professional liability (errors and omissions) insurance in a like
amount, if applicable;
3. Public liability insurance for property damage in an amount not less
than five hundred thousand dollars ($500,000.00);
4. Such policies shall name the city of San Rafael, its officers,
employees and agents as additional insureds, said policies shall
be primary insurance;
5. A current certificate of insurance shall be furnished to the director
showing the required insurance coverage and providing for thirty
(30) days written notice by registered mail to the city by the
insurance company and the contractor prior to cancellation or any
change in policy coverage. Additionally, an endorsement to the
policy specifically enumerating the additional insureds as stated in
subsection (B)(4) of this section, shall be furnished to the director;
6. Workers compensation insurance and all employee taxes and
employee benefits required by law shall be the sole responsibility
of the contractor. Contractor shall provide written evidence of
workers compensation insurance coverage.
The contractor's insurer must be an admitted insurer in the state of
California. Upon request, contractor shall provide copies of all
insurance policies mentioned in this section.
C. Wage Rates. Pursuant to the requirements of California Labor Code
Section 1771, the general prevailing wage rates in the locality in which
the work is to be performed, for each craft or type of worker needed to
execute the contract, shall be followed.
D. Payments and Retention.
1. No payment shall be made to the contractor until the contract is
performed satisfactorily and the notice of completion is recorded.
2. Ten percent (10%) of the contract price may be retained as a labor
and materials surety for a period of thirty-five (35) days from and
after the date of recordation of the notice of completion unless the
director, at any time, determines a higher retention is necessary to
cover any unpaid claims, provided proper stop notices pursuant to
the California Civil Code if said claims have been filed in the office
of the city finance director or city public works director.
3. Guarantee. The contractor shall unconditionally guarantee all
materials and workmanship for a period of one year following the
notice of completion.
E. The contract document shall be the city's standard contract or purchase
order, as modified to the specifics of the particular purchase or project.
11.50.190 No waiver.
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.
DIVISION 2.
All former ordinances or parts thereof conflicting or inconsistent with the
provisions of this Ordinance or the Codes hereby adopted are hereby repealed.
DIVISION 3.
If any section, subsection, sentence, clause or phrase of this Ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the remaining
portion of this Ordinance. The City Council of the City of San Rafael hereby declares
that it would have adopted the Ordinance and each section, subsection, sentence,
clause or phrase thereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases shall be declared invalid.
DIVISION 4.
The City Council finds that adoption of this Ordinance is exempt from the
California Environmental Quality Act (CEQA), pursuant to 14 CCR Section
15061(b)(3), since it can be seen with certainty that there is no possibility that the
adoption of this Ordinance may have a significant effect on the environment.
DIVISION 5.
This Ordinance shall be published once, in full or in summary form, before its
final passage, in a newspaper of general circulation, published and circulated in the City
of San Rafael and shall be in full force and effect 30 days after its adoption. If published
in summary form, the summary shall also be published within fifteen (15) days after the
adoption, together with the names of those Council members voting for or against same,
in a newspaper of general circulation published and circulated in the City of San Rafael,
County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office
of the City Clerk, a certified copy of the full text of this Ordinance along with the names
of those Councilmembers voting for and against the Ordinance.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of the
San Rafael City Council on the 17th day of January 2023, and was passed and adopted at a
regular meeting of the San Rafael City Council on the 6th day of February 2023 by the
following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Kate Colin, Mayor
Attest:
LINDSAY LARA, City Clerk