Etna Municipal Code Ch. 3.05 Uniform Construction Cost Accounting Procedures

The purpose of this chapter is to establish regulations for public projects and maintenance work in accordance with the requirements of the California Uniform Public Construction Cost Accounting Act (Public Contracts Code Section 22000 et seq.). This chapter shall also apply to maintenance work in accordance with Public Contracts Code Section 22003.

(Ord. 226 § 1, 2024)

The following words, terms and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A.

"Act"

means the California Uniform Public Construction Cost Accounting Act, Public Contract Code Section 22000 et seq.

B.

"Facility"

has the meaning set forth in Public Contract Code Section 22002.

C.

"Maintenance work"

has the meaning set forth in Public Contract Code Section 22002.

D.

"Project"

includes public projects and maintenance work, as defined by this chapter.

E.

"Public project"

has the meaning set forth in Public Contract Code Section 22002.

(Ord. 226 § 1, 2024)

A. Whenever any reference is made to any other ordinance or law, such reference shall be deemed to include all future amendments and successor statutes or ordinances thereto.

B. The dollar limits set forth in this chapter shall adjust without council action as necessary to comply with amendments to the Act and any procedures adopted by the State Controller.

C. Plans, specifications, and/or working details adopted by the city for any public project are public records, subject to examination upon request.

(Ord. 226 § 1, 2024)

A. Public Projects and Maintenance Work for $60,000 or Less.

1. Upon approval by the city council either in the annual budget or by minute order from the city council prior to award of contract, the city administrator is authorized to award a contract for public projects and/or maintenance work if the lowest bid received is $60,000 or less.

2. Public projects and/or maintenance of $60,000 or less may be performed by city employees, by negotiated contract, or by purchase order without competitive bidding upon approval by city council.

B. Public Projects and Maintenance Work for $60,000 or More, but Less Than or Equal to $200,000.

1. Bid specifications shall be prepared and notices inviting bids shall be solicited as set forth in EMC § 3.05.050.

2. The city council shall award a contract for public projects and/or maintenance work if the lowest bid received is $60,000 or more, but less than or equal to $200,000.

3. If all bids received are more than $200,000, the city council may adopt a resolution by a four-fifths vote to award the contract at $212,500 or less to the lowest responsible bidder, if the city council determines the cost estimate of the city was reasonable. Where the city council does not adopt a resolution in accordance with the provisions of this subsection, the project shall be rebid.

C. Public Projects and Maintenance Work for More Than $200,000.

1. Public projects and maintenance work of more than $200,000 shall be approved by the city council.

2. The city council shall adopt plans, specifications, and working details for all public projects more than $200,000.

3. Public projects and/or maintenance work of more than $200,000 shall require competitive written bidding. A notice inviting bids shall be published and sent in compliance with the provisions of Public Contract Code Section 22037. In addition, bid plans and working details shall be adopted by the city council for all public projects exceeding $200,000.

(Ord. 226 § 1, 2024)

Public projects and maintenance of $200,000 or less may be let to contract by informal procedures as set forth in the Act, including the following procedures:

A. Contractors List. The city shall comply with the requirements of Public Contract Code Section 22034 regarding maintaining a list of qualified contractors identified according to categories of work.

B. Notice Inviting Informal Bids.

1. Circulation. Where a public project or maintenance work is to be performed which is subject to the provisions of this section, a notice inviting informal bids shall be circulated using one or both of the following alternatives:

a. Notices inviting informal bids may be mailed or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with subsection (A) of this section.

b. Notices inviting informal bids may be mailed or emailed 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 notified at the discretion of the public works director or their designee.

2. Proprietary Products and Services. Notwithstanding the foregoing requirements, 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.

3. Mailing. All mailing of notices to contractors and construction trade journals pursuant to this section shall be completed at least 10 calendar days before bids are due.

4. Contents. 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.

C. Rejection of Bids, Bid Irregularities. The city administrator may, in their sole discretion, reject any or all bids presented and waive any minor irregularity or informality in such bids.

D. Award of Contract. The city administrator is authorized to award and execute contracts informally bid in accordance with this section; provided, that the expenditure is within the approved budget and the contract is in a form approved by the city attorney. Such contracts shall be awarded to the lowest responsible bidder.

E. Tie Bids – No Bids Received. If two or more bids are the same and the lowest, the city administrator may accept the one he/she chooses. If no bids are received through the informal procedures set forth in this section, the project may be performed by city employees, by force account or negotiated contract without further complying with this section.

F. Acceptance of Work. Upon the completion of work pursuant to a contract awarded pursuant to this section, the city administrator may accept the work and may authorize the filing of the notice of completion, the release of funds retained upon such filing, and the release of any bonds upon the conclusion of their respective warranty periods.

G. Performance Bonds. The city administrator may require a performance bond before entering into a contract awarded pursuant to this section in such amount as the public services director or their designee finds reasonably necessary to protect the best interests of the city. If the city requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

(Ord. 226 § 1, 2024)