Chapter 3.28
UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT
Sections:
3.28.010 Authority and purpose of this chapter.
3.28.020 Informal bid procedures and award.
3.28.030 Formal bid procedures and award.
3.28.040 Pre-bid contractor list for public works projects.
3.28.050 Execution of change orders.
3.28.010 Authority and purpose of this chapter.
Contracts for public projects in the City shall be governed by applicable state laws including the California Public Contract Code, Division 2, Part I, and Division 2, Part 3, the Local Agency Public Construction Act. Contracts for public projects shall also be governed by the adopted edition of the Standard Specifications for Public Works Construction and the adopted supplement thereto and other documents as deemed appropriate by the City Manager, except as otherwise provided by the City Council or the City Manager if the contract is within their authority (Division 2, Part 3, Chapter 1, Article 4, Sections 20160 through 20174). Further, the City of Healdsburg has, by resolution, chosen to be governed by the Uniform Construction Cost Accounting Procedures Act (Public Contract Code Sections 22010 et seq.), as amended, under the procedures set forth herein and by implementing resolutions established by the City Council. All procedures set forth herein shall be interpreted in a manner consistent with state law. (Ord. 1144 § 1, 2014.)
3.28.020 Informal bid procedures and award.
A. Public projects of less than $45,000 (or the current amount specified in Article 2 of Part 3 of Division 2, Section 22032(a) of the Public Contract Code) may be performed by City employees, by force account, by negotiated contract or by purchase order. Where it is anticipated that a project may be conducted and finished at a cost of $45,000 (or the current amount as specified in Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(a) of the Public Contract Code) or less the City Manager or his/her designee is authorized to approve the project, provided the expenditure is within the approved budget.
B. Projects estimated to cost $175,000 (or the current amount as specified in Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(b) of the Public Contract Code) or less may be let to contract by the informal procedures prescribed in Article 3, Chapter 2 of Part 3 of Division 2 commencing with Section 22030 of the Public Contract Code.
The informal bidding procedures for construction projects shall include the following:
1. The purchasing officer or his/her designee shall maintain a list of qualified contractors established by this chapter;
2. The purchasing officer or his/her designee shall send a notice inviting informal bids to all contractors on the list of qualified contractors or to the designated construction trade journals and/or both not less than 10 calendar days before bids are due;
3. The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the project, the time, date and place for the submission of bids;
4. Bid documents may be transmitted and/or received over the Internet, by facsimile and/or electronic mail;
5. The City Manager or his/her designee is authorized to award such informal projects provided the expenditure is within the approved budget. The City Manager or his/her designee may, at his/her sole discretion, reject any or all bids presented and waive any minor irregularity or informality in such bids. The contract shall be awarded to the lowest responsive, responsible bidder. If two or more bids are the same and the lowest, City Manager may accept the one he/she chooses. If no bids are received through the informal procedure, the project may be performed by City employees, by force account or negotiated contract without further complying with this section;
6. If all bids received are in excess of the amount specified in this section the City Council may, by adoption of a resolution by a four-fifths vote, award the contract at $187,500 or less to the lowest responsible bidder if it determines the cost of the estimate of the public agency was reasonable;
7. The City Manager or his/her designee shall award all informal contracts in a form approved by the City Attorney. (Ord. 1144 § 1, 2014.)
3.28.030 Formal bid procedures and award.
A. Public projects of more than $175,000 (or the current amount as specified in Article 3, Chapter 2 of Part 3 of Division 2, Section 22032(c) of the Public Contract Code) shall, except as may otherwise be provided in the said Article 3, Chapter 2 of Part 3 of Division 2 of the Public Contract Code, commencing with Section 22032, be let to contract by formal bidding procedures conducted in accordance with provisions contained in the said article of the Public Contract Code. The formal bidding procedures for construction projects shall include the following:
1. The purchasing officer or his/her designee shall maintain a list of qualified contractors established by this chapter;
2. The notice inviting formal bids for public projects shall be published at least 14 calendar days before the bid opening date in a newspaper of general circulation in the City. The notice shall distinctly state the project to be done, how to obtain more detailed information about the project, and state the time and place for submission of bids. The purchasing officer or his/her designee shall send a notice inviting informal bids to all contractors on the list of qualified contractors and to the designated construction trade journals at least 10 calendar days before bids are due. In addition to the newspaper and use of publication methods required under the California Uniform Construction Cost Accounting Commission, the notice inviting bids may be advertised in any manner which will permit the information to be widely disseminated, including additional contractors and/or construction trade journals;
3. Bid documents may be transmitted and/or received over the Internet, by facsimile and/or electronic mail;
4. The City Council may, in its sole discretion, reject any or all bids presented and waive minor irregularity or informality in such bids. The contract shall be awarded to the lowest responsive, responsible bidder. If two or more bids are the same and the lowest, the City Council may accept the one it chooses. If no bids are received, the City Council may have the project done without further complying with this chapter;
5. If no bids are received through the formal procedure, the project may be performed by City employees, by force account or negotiated contract without complying with this section. (Ord. 1144 § 1, 2014.)
3.28.040 Pre-bid contractor list for public works projects.
A. The City shall develop and maintain a list of qualified contractors, identified according to categories of work for all projects and any projects scheduled in the City’s adopted capital improvement program, on an annual basis in accordance with state requirements.
B. All contractors on the list for the category of work being bid or all construction trade journals specified in Public Contract Code Section 22036, as amended, or both all contractors on the list for the category of work being bid and all construction trade journals specified in Public Contract Code Section 22036, as amended, shall be mailed a notice inviting informal bids unless the product or service is proprietary. However, if there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the California Uniform Construction Cost Accounting Commission. 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 bids may be sent exclusively to such contractor or contractors.
C. All mailing of notices to contractors and construction trade journals pursuant to subsection (B) of this section shall be completed not less than 10 calendar days before bids are due.
D. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and state the time and place for the submission of bids. (Ord. 1144 § 1, 2014.)
3.28.050 Execution of change orders.
The City Council may by resolution authorize the City Manager or his/her designee to approve change orders on a project to an amount it determines appropriate for a large, complex project. (Ord. 1144 § 1, 2014.)
3.28.060 Emergencies.
A. In cases of emergency when repair or replacements are necessary, the governing body may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the governing body, by contractor, or by a combination of the two.
B. In case of an emergency, if notice for bids to let contracts will not be given, the public agency shall comply with Chapter 2.5 of the Public Contract Code (commencing with Section 22050), as amended. The City Manager or his/her designee is delegated the power to declare a public emergency subject to ratification by the City Council within seven days thereafter in a manner consistent with the City’s emergency operations plan. (Ord. 1144 § 1, 2014.)