Chapter 3.09 UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING

Chapter 3.09
UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING¹

Sections:

3.09.050 Emergency contracting procedures.

3.09.010 Informal bid procedures.

Public projects, as defined by the Uniform Public Construction Cost Accounting Act, of $100,000 may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code. In the event that the monetary limits specified in Section 22032 of the Public Contract Code are amended by the State Legislature or adjusted by the State Controller pursuant to Section 22020 of the Public Contract Code, such amendment or adjustment in monetary limits shall prevail and apply in place of the monetary limits specified herein. (Ord. 03-5).

3.09.020 Contractors list.

A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Public Contract Code and criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission. (Ord. 03-5).

3.09.030 Notice inviting informal bids.

A. Where a public project is to be performed which is subject to the provisions of this chapter, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with BMC 3.09.020, and/or to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be noticed at the discretion of the department/agency soliciting bids.

If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

B. 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.

C. All mailing of notices to contractors and/or construction trade journals shall be completed not less than 10 calendar days before bids are due. For the purpose of this section, "mailing" shall include delivery by the United States Postal Service or equivalent delivery service, electronic facsimile transmissions, or personal service. (Ord. 03-5).

3.09.040 Award of contracts.

The city manager, finance director and the director of public works are each authorized to award informal contracts pursuant to this chapter. (Ord. 03-5).

3.09.050 Emergency contracting procedures.

A. In the event of an emergency, the city council, pursuant to Section 22050(b)(1) of the Public Contract Code of California, delegates to the city manager or, in his/her absence, the public works director, the authority to repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.

B. If the city manager or public works director orders any action specified in subsection (A) of this section, that person shall report to the city council, at its next meeting required herein, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency.

C. The city council shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless the city manager or public works director has terminated that action prior to the city council reviewing the emergency action and making a determination pursuant to this subsection.

D. When the city council reviews the emergency action pursuant to subsection (C) of this section, it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts. (Ord. 03-5).

Prior legislation: Ord. 95-13 N.S.; Ord. 90-2 N.S.