Pinole Municipal Code Ch. 3.34 Uniform Construction Cost Accounting Act Procedures

A. The City Council elects to participate in the California Uniform Public Construction Cost Accounting Act (Public Contract Code §§ 22000 et seq.) and to provide procedures as established by the California Uniform Construction Cost Accounting Commission.

B. Definitions.

PUBLIC PROJECT. Those projects enumerated in Public Contract Code §§ 22002(c) and (d), as amended, which definitions are incorporated by reference.

(Ord. 2019-02 § 2 (part), 2019; Ord. 2016-05 § 2 (part), 2016).

A. A public project of sixty thousand dollars ($60,000) or less may be performed by city force account, by negotiated contract, or by purchase order.

B. A public project greater than sixty thousand dollars $60,000 and less than or equal to two hundred thousand dollars ($200,000) may be let to contract by informal bid procedures, as established in § 3.34.040.

C. A public project of more than two hundred thousand dollars ($200,000) shall, except as otherwise provided in § 3.34.040(D), be let to contract by formal bidding procedure in accordance with all applicable provisions of the California Public Contract Code or successor statute.

D. The described project cost limits of subsections A through C shall be increased automatically as authorized pursuant to the adjustments made by the California Uniform Construction Cost Accounting Commission under Public Contract Code § 22020 or successor statute.

(Ord. 2019-02 § 2 (part), 2019; Ord. 2016-05 § 2 (part), 2016).

A. Cost estimate. For public projects qualifying under subsection A of § 3.34.020, the appropriate department head shall obtain a cost estimate from the project engineer or architect prior to negotiating a contract with a responsible contractor. For any city force account work, the department head shall first comply with the guidelines established by the California Uniform Construction Cost Accounting Commission in determining the cost of the public work.

B. Award of contract. The City Manager shall have the authority to award and to execute any contract for the public work qualifying under subsection A of § 3.34.020 in an amount up to and including sixty thousand dollars ($60,000).

(Ord. 2019-02 § 2 (part), 2019; Ord. 2016-05 § 2 (part), 2016).

This section is applicable to those projects that qualify under subsection B of § 3.30.020.

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

B. Notice inviting informal bids.

1. Contents of notice. The notice inviting bids shall describe the project in general terms, set forth how to obtain more detailed information about the project, state the time and place for submission of bids, and whether bid deposit or bond and faithful performance bond will be required.

2. Mailing of notice. Where a public project subject to the provisions of this section 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 subsection A of § 3.34.040, and/or to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with Public Contract Code § 22036 or successor statute.

3. Timing of notice. All mailing of notices shall be completed not less than ten (10) calendar days before bids are due.

4. Additional contractors and/or construction trade journals. Additional contractors and/or construction trade journals may be notified at the discretion of the city, provided however if there is no list of qualified contractors maintained by the city 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.

5. Proprietary products or services. 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. Award of contract. The City Manager shall have the authority to award and to execute any contract for the public work qualifying under subsection B of § 3.34.020 in an amount up to and including two hundred thousand dollars ($200,000). The contract shall be awarded to the lowest responsive and responsible bidder whose bid or proposal fulfills the purpose intended according to criteria designated in the solicitation. The City Manager may waive any minor bid irregularities.

D. Bids in excess of statutory amount. If all bids received are in excess of two hundred thousand dollars ($200,000), the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, at two hundred twelve thousand five hundred dollars ($212,500) or less, to the lowest responsive and responsible bidder, if it determines the cost estimate of the public agency was reasonable.

(Ord. 2019-02 § 2 (part), 2019; Ord. 2016-05 § 2 (part), 2016).