HomeMy WebLinkAboutOrdinance 1660 (PW Contract Policy)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1660
entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 11.50,
PUBLIC WORKS CONTRACT POLICY, TO THE SAN RAFAEL MUNICIPAL CODE"
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 7th day of
MARCH, 1994, 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 21st
day of MARCH. 1994, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
22nd day of MARCH, 1994.
JEANNE �EONCINI, Cit Clerk
ORDINANCE NO. 1660
AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING
CHAPTER 11. 50, PUBLIC WORKS CONTRACT POLICY,
TO THE SAN RAFAEL MUNICIPAL CODE
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Chapter 11.50 is hereby added to the San Rafael
Municipal Code to read as follows:
CHAPTER 11.50
PUBLIC WORKS CONTRACT POLICY
SECTIONS:
11.50.010
Purpose.
11.50.020
Definitions.
11.50.030
Professional or support services
-- Chapter inapplicability.
11.50.040
Encumbrance of funds.
11.50.050
Contract requirements.
11.50.060
Letting of public works contracts.
11.50.070
Competitive bidding.
11.50.080
Emergency contracts.
11.50.090
Sole source procurement.
11.50.100
Rejecting bids.
11.50.110
Contract award.
11.50.120
Bidder's security.
11.50.130
Indemnification.
11.50.140
Notice inviting bids.
11.50.150
Major contracts -- Bidding procedures.
11.50.160
Major contracts -- Requirements.
11.50.170
Minor contracts -- Bidding procedures.
11.50.180
Minor contracts -- Requirements.
11.50.190
No waiver.
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.
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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 forty-four
thousand dollars.
G. "Minor contract" means any contract let by the City for
the performance of public works in an amount of forty-four thousand
dollars or less.
H. "Public works" or "Public works project" means:
1. The construction, improvement, alteration, modifica-
tion 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;
project;
6. Furnishing materials and supplies for any such
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
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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 contract-
ing 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 reauirements: Except as otherwise
provided by the San Rafael City Charter or ordinances pursuant
thereto, the Director or his 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 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 -- 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 technical
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specifications, quality considerations, or other valid consider
ations, then contracts may be executed without recourse to the
competitive bidding provisions of this chapter. Approval of waiver
of competitive bidding may be made by the awarding authority after
having reviewed and considered the reasons therefor.
11.50.100 -- Relectina 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
of San Rafael 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 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 awarding authority may consider
factors other than price and accept the one it chooses.
C. Awarding authority. If the amount of contract exceeds
forty-four thousand dollars, bids shall be awarded by the City
Council. Contracts of forty-four thousand dollars or less may be
awarded by the City Manager. Contracts of ten thousand dollars or
less may be awarded by the Finance Director.
11.50.120 -- Bidder's securitv: Unsuccessful bidders shall
be entitled to the return of their security within thirty days from
execution of the contract by the City.
The successful bidder shall forfeit his bid security upon his
failure to execute the contract within ten 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
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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 responsi-
bility 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 -- Malor contracts -- Biddina procedures:
A. Public notice. Public notice inviting bids shall be
published once at least ten 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 designee may issue
public notice to the trade publications. The Director or his/her
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 designee.
B. Award of contract. The contract shall be awarded to the
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lowest, responsive and responsible bidder.
C. Bid security. All bidders shall furnish bidder's
security in the amount of ten percent 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 -- Malor contracts -- Reauirements:
A. Bonds. The successful bidder shall furnish the following
bonds to the City within ten days following notification of the
award of the contract:
1. Performance bond in the amount of one hundred
percent of the contract price;
2. Labor and materials bond in the amount of one
hundred percent of the contract price;
3. Materials guaranty (maintenance) bond in the amount
of fifty percent of the contract price. This bond shall uncondi-
tionally 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 authori-
ty.
B. Insurance. The contractor shall assume all responsibili-
ty for damage to property or injury to person(s) caused in any
manner by his performance under the contract, by any equipment
furnished by him 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 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, his subcontrac-
tor(s), any one directly or indirectly employed by him, or the
City, its officers, agents or employees. The amount and require -
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ments of such insurance shall be as follows:
1. Public liability insurance in an amount not less
than five hundred thousand dollars per person, one million dollars
per incident, or one million dollars 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;
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 days written notice by registered mail to
the City of San Rafael by the insurance company and the contractor,
prior to cancellation or any change in policy coverage. Addition-
ally, an endorsement to the policy specifically enumerating the
additional insureds as stated in B. 4. above, 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 1711, 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.
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2. Ten percent of the contract price shall be retained
from all contracts for a period of thirty-five 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 -- Biddinq procedures:
A. Public notice. Written proposals shall be solicited from
at least three contractors by telephone, written request, or by
public notice pursuant to section 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 bids or proposals where
possible.
B. Bid security. Bidder's security in the amount of ten
percent 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 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
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 responsibili-
ty for damage to property or injuries to person(s) caused in any
manner by his performance under the contract, by any equipment
furnished by him 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 and
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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, his subcontrac-
tor(s)
ubcontrac-
tors) or anyone directly or indirectly employed by him, or by the
City, its officers, agents or employees. The amount and require-
ments of such insurance shall be as follows:
1. Public liability insurance in an amount not less
than five hundred thousand dollars per person, one million dollars
per incident, or one million dollars 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.
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 days written notice by registered mail to
the City of San Rafael by the insurance company and the contractor
prior to cancellation or any change in policy coverage. Addition-
ally, an endorsement to the policy specifically enumerating the
additional insureds as stated in B. 4., above, 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 1711, the general prevailing wage rates in the
locality in which the work is to be performed, for each craft or
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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 of the contract price may be retained as
a labor and materials surety for a period of thirty-five 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 1: This Ordinance shall be published once in full
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 thirty (30) days after its final passage.
ATTEST:
JEAN LEONCIWI, City Clerk
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A BE J2.�10RO, Mayor
The foregoing Charter Ordinance No. 1660 was read and
introduced at a Regular Meeting of the City Council of the City of
San Rafael, held on the 7th day of PZarch , 1994 and
ordered passed to print by the following vote to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
and will come up for adoption as an Ordinance of the City of San
Rafael at a Regular meeting of the Council to be held on the 21st
day of March , 1994.
JE�%l1 (�¢i
LEONCINI, City Clerk
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