Construction Industry Force Account Council

Promoting Transparency Through Public Agency Compliance

City Of San Marcos Charter Information

2.30.100 Public Projects.

(a) Purpose and Intent. The Charter of the City of San Marcos, adopted on June 7, 1994, provides at Section 200 as follows:

Section 200. Public Works Contracts. The City shall have the power to establish standards, procedures, rules or regulations to regulate all aspects of the bidding, award and performance of any public works Contract, including, but not limited to, the compensation rates to be paid for the performance of such work.

The Subsections that follow are enacted for the purpose of implementing Section 200 of the Charter. This Section is intended to supersede the provisions of the Public Contract Code and the Labor Code and, except as expressly set forth in this Section, the provisions of the Public Contract Code and the Labor Code shall have no application to Public Projects of the City of San Marcos or its agencies.

(b) Methods of Contracting. The City shall have the right to determine the method of contracting and procedures and rules applicable to contracting for Public Projects, including any “public project” as defined in Public Contract Code Section 20161 or 22002, or any “public works” as defined in Labor Code Sections 1720, 1720.2, or 1720.3. In contracting for any Public Project Contract, the City shall have the right to determine the method, procedures and rules which will provide the City with the Best Value, in compliance with other City ordinances, rules, or regulations. Without limiting the right of the City to use any other method of contracting, any of the methods listed in Sections 2.30.060, 2.30.070, 2.30.080, and 2.30.090 may be used for Public Project Contracts.

(c) Construction Project Procurement. The City shall follow the informal and formal bidding procedures and requirements as set forth in Section 2.30.060(b), and Section 2.30.60(c) and (d), respectively

(d) Payment and Performance Bonds. The City shall have the right to require a payment bond, a performance bond, or both a payment bond and a performance bond, each in amounts determined by the City to be necessary to protect the best interest of the City, to be filed with the City by the Contractor as a condition to any Contract for a Public Project.

(e) Payment of Prevailing Wages. Payment of prevailing wages pursuant to Labor Code Section 1770 and compliance with the prevailing wage requirements in Labor Code Sections 1770-et seq. shall not be required for any Public Project Contract entered into by the City or any of its agencies except when required as a condition of any Federal or State grants and on other jobs considered to be of statewide concern.

(f) The City may employ additional procedures with respect to any Public Project upon the approval of the City Manager, and the City may alter the procedures set forth in this Section for any Public Project provided that the alterations are first approved by the City Manager (for Contracts which the City Manager may approve without City Council approval pursuant to Section 2.30.030) or by the City Council (with respect to all other Contracts). Any such additional procedures or altered procedures shall be set forth in the instructions to bidders.

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