Moraga Municipal Code Ch. 3.06 Uniform Construction Cost Accounting Procedures

Footnotes:

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Editor's note— Ord. No. 253, § 1, adopted July 8, 2015, amended Ch. 3.06 in its entirety to read as herein set out. Former Ch. 3.06, §§ 3.06.010—3.06.060, pertained to similar subject matter, and derived from Ord. No. 231, § 2, 3-9-2011.

Public projects, as defined by California Public Contract Code Section 22000 et seq., may be let to contract by informal procedures as set forth in Public Contract Code Section 22032 et seq., with dollar amounts as may be adjusted pursuant to Section 3.06.070.

A. Public projects of amounts equaling the limit for informal bidding as set forth California Public Contract Code Section 22032(a), as may be amended from time to time, or less may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order.

B. Public projects of amounts equaling the limit for informal bidding as set forth California Public Contract Code Section 22032(b), as may be amended from time to time, or less may be let to contract by informal procedures as set forth in Public Contract Code Section 22032 et seq.

C. Public projects of amounts greater than the limit for informal bidding as set forth California Public Contract Code Section 22032(c), as may be amended from time to time, shall, except as otherwise provided in Public Contract Code Section 22032 et seq., be let to contract by formal bidding procedure.

(Ord. No. 253, § 1, 7-8-2015; Ord. No. 292, § 3, 9-23-2020)

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

(Ord. No. 253, § 1, 7-8-2015; Ord. No. 292, § 3, 9-23-2020)

A. Where a public project subject to the provisions of this chapter is to be performed, 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 Section 3.06.020, and/or to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Public Contract Code Section 22037.

B. Additional contractors and/or construction trade journals may be notified at the discretion of the town, provided however:

1. If there is no list of qualified contractors maintained by the town for a particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the commission;

2. 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.

C. The notice shall describe the project in general terms, set forth how to obtain more detailed information about the project and state the time and place for submission of bids.

D. All mailing of notices shall be completed not less than ten calendar days before bids are due.

(Ord. No. 253, § 1, 7-8-2015; Ord. No. 292, § 3, 9-23-2020)

If all bids received are in excess of informal bid limits as specified under California Public Contracts Code Section 22032, the town council may, by passage of a resolution by a four-fifths vote, award the contract in an amount as specified under California Public Contracts Code Section 22034, to the lowest responsible and responsive bidder, if it determines that the original cost estimate of the town was reasonable, with dollar amounts as may be adjusted pursuant to Section 3.06.070.

(Ord. No. 253, § 1, 7-8-2015; Ord. No. 292, § 3, 9-23-2020)

A. Notice inviting formal bids shall be handled as set forth in Public Contract Code Section 22037.

B. In its discretion, the town council may reject any bids presented, if the town council prior to rejecting all bids and declaring that the project can be more economically performed by its own employees, furnishes a written notice to an apparent low bidder. The notice shall inform the bidder of the town council's intention to reject the bid and shall be mailed at least two business days prior to the hearing at which the town council intends to reject the bid. If after the first invitation of bids all bids are rejected, after reevaluating its cost estimate of the project, the town council shall have the option of any of the following:

1. Abandoning the project or readvertising for bids; or

2. By passage of a resolution by a four-fifths vote of its governing body declaring that the project can be performed more economically by the employees of the public agency, may have the project done by force account without further complying with this article.

C. If a contract is awarded, it shall be awarded to the lowest responsible and responsive bidder. If two or more bids are the same and the lowest, the town council may accept the one it chooses.

D. If no bids are received through the formal or informal procedures, the project may be performed by town employees by force account or negotiated contract without further complying with this section.

(Ord. No. 253, § 1, 7-8-2015; Ord. No. 292, § 3, 9-23-2020)

The town staff member responsible for administration of a particular contract may approve change orders to the contract so long as the amount is within the approved contingency for the contract. Any change order exceeding the contingency shall be approved by the town manager or designee. Any change orders exceeding the amount appropriated by the town council shall be approved by the town council through additional appropriation.

(Ord. No. 253, § 1, 7-8-2015; Ord. No. 292, § 3, 9-23-2020)

If the legislature amends the dollar amounts in Section 22032 or Section 22034(f) of the Public Contract Code regarding projects eligible to use informal bid procedures and projects that may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order, the dollars amounts in Sections 3.06.010 and 3.06.040 shall be automatically adjusted to reflect the revisions to state law.

(Ord. No. 253, § 1, 7-8-2015; Ord. No. 292, § 3, 9-23-2020)