Construction Industry Force Account Council

Promoting Transparency Through Public Agency Compliance

City Of Monterey Charter Information

Sec. 4.8 Contracts for Public Works. (November 6, 2001 Election)

The construction, reconstruction, or improvement of any public work in excess of $50,000.00, including the supplying of materials, supplies, and labor, shall be let by contract to the lowest responsible bidder after public bidding, except as set forth in this Section. The Council shall, by Ordinance, establish procedures for public bidding, including the contracting for public works less than $50,000.00 and the purchase of equipment, supplies, materials, or services.

The $50,000.00 limit set forth above shall be increased by $5,000.00 on July 1, 2005, and by the same amount on July 1st of each fifth year thereafter.

The City may contract with other governmental agencies or public utility companies for the erection of public works, or for the purchase of equipment, supplies, materials, or services without the need for bidding if it first finds that the government agency or public utility has substantially complied with the City’s bidding or purchasing process.

In the event of an emergency caused by fire, flood, earthquake, storm, or similar disaster, the Mayor or City Manager may order the suspension of normal bidding or purchasing requirements for projects related to abatement of the impacts or effects of such emergency. The City Council shall, if possible, ratify such emergency suspension of procedures within seventy-two (72) hours and consider whether further suspension of procedures is required to abate the impacts of the emergency.

Notwithstanding any provision above, the City Council may award individual annual contracts, referred to as “job order contracts”, none of which may exceed one million dollars ($1,000,000.00) adjusted annually on July 1st to reflect the percentage change in the California Consumer Price Index, for repair, remodeling, paving, sidewalk repair, or other repetitive work to be done according to unit prices. No annual contracts may be awarded for any new construction; however, job order contracts may be utilized for new projects less than $50,000.00, adjusted as set forth above. The contracts shall be awarded to the lowest responsible bidder and shall be based on plans and specifications for typical work.

For purposes of this section, the term “unit price” shall mean the amount paid for a single unit of an item of work, the term “typical work” shall mean a work description applicable universally or applicable to a large number of individual projects, as distinguished from work specifically described with respect to an individual project, and the term “repair, remodeling, paving, sidewalk repair, or other repetitive work to be done according to unit prices” shall not include design or contract drawings.”

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