Ordinance Number 919T
ORDINANCE NO. 919
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, ADDING ARTICLE 5 TO TITLE 3, CHAPTER 4 OF THE
MUNICIPAL CODE TO PROVIDE INFORMAL BIDDING PROCEDURES
ON PUBLIC PROJECTS UNDER THE UNIFORM PUBLIC
CONSTRUCTION COST ACCOUNTING ACT (SECTION 22000, ET
SEQ., OF THE PUBLIC CONTRACT CODE)
THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals.
1. The Uniform Public Construction Cost Accounting Act (Public Contract
Code Section 22000 et seq.) provides public agencies, including general law cities, with
an alternate informal bidding procedure for the bidding of the Construction of public
works projects.
2. The alternate informal bidding procedures for bidding the construction of
public projects is set forth in Article 3 of Chapter 2 of Part 3 of Division 2 of the Public
Contract Code (commencing with Section 22030).
3. The Act, as implemented by the State Controller, provides for the
following.
a. Public projects of $30,000 or less may be performed by employees
of a public agency by a force account, by negotiated contract, or by purchase order.
b. Public projects of $125,000 or less may be let to contract by use of
the informal bidding procedures.
C. Public projects of more than $125,000 shall be let to contract by
use of the formal bidding procedures.
4. The Act provides that a general law city may use the alternate informal
bidding procedures if the city council elects for the city to become subject to the uniform
public construction cost accounting procedures set forth in the Act and the policies and
procedures manual and cost accounting review procedures of the California Uniform
' Public Construction Cost Accounting Commission, and notifies the State Controller of
that election.
Page 1 of 4
SECTION 2. Informal Bidding Procedures. —
Article 5 entitled "Informal Bidding Procedures' is hereby added to Title 3
Chapter 4 (Finance) of the San Juan Capistrano Municipal Code to read as follows:
"Section 3-5.501. Public Projects
(a) Public projects, as defined in Public Contract Code Section
22002, of Thirty Thousand Dollars ($30,000) or less may be performed by employees of
the City by force account, by negotiated contract or by purchase order.
(b) Public projects, as defined in Public Contract Code Section 22002,
of One Hundred Twenty -Five Thousand Dollars ($125,000) or less may be let to
contract by informal procedures pursuant to Public Contract Code Section 22030 et seq.
(c) Public projects, as defined in Public Contract Code Section 22002,
of more than One Hundred Twenty -Five Thousand Dollars ($125,000) shall be let by
formal bidding procedure.
Section 3-5.502. Contractors List.
A list of contractors shall be developed and maintained in accordance with
the provisions of Public Contract Code Section 22034 and criteria promulgated from
time to time by the California Uniform Public Construction Cost Accounting Commission.
Section 3-5.503. Notice Inviting Informal Bids.
(a) All contractors on the list, developed in accordance with Section 3-
5.502, for the category of work being bid and all construction trade journals, as specified
by the California Uniform Public Construction Cost Accounting Commission in
accordance with Public Contract Code Section 22036, shall be mailed a notice inviting
informal bids.
(b) Additional contractors and/or construction trade journals may be
notified at the discretion of the department soliciting bids.
(c) 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 Commission.
(d) 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.
(e) All mailing of notices to contractors and construction trade journals
pursuant to this Section shall be completed not less than ten (10) calendar days before
bids are due.
Page 2 of 4
' (f) 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 submission of bids.
Section 3-5.504. Award of Contracts.
The City Manager is authorized to award contracts authorized by
subsections (a) and (b) of Section 3-5.501.
Section 3-5.505. Contracts Over $125.000.
If all of the bids received for the construction of a public project are in
excess of One Hundred Twenty -Five Thousand Dollars ($125,Op0), the City Council
may, by adoption of a resolution by a four-fifths vote, award the contract, at One
Hundred Thirty -Seven Thousand Dollars ($137,000) or less, to the lowest responsible
bidder, if it determines the cost estimate of the City was reasonable."
SECTION 3. Severability.
If any section, subsection, subdivision, sentence, clause, phrase, or portion of
' this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have adopted this Ordinance and each section, subsection, subdivision, sentence,
clause, phrases, or portion thereof irrespective of the fact that any one or more sections,
subsections, subdivisions, sentences, clauses, phrases, or portion's thereof be declared
invalid or unconstitutional.
SECTION 4. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after its passage.
SECTION 5. City Clerk's Certification.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be posted at the duly designated posting places within the City and published
once within fifteen (15) days after passage and adoption as required by law; or, in the
' alternative, the City Clerk may cause to be published a summary of this Ordinance and
a certified copy of the text of this Ordinance shall be posted in the Office of the City
Clerk five (5) days prior to the date of adoption of this Ordinance; and, within fifteen (15)
Page 3 of 4
days after adoption, the City Clerk shall cause to be published the aforementioned
summary and shall post a certified copy of this Ordinance, together with the vote for and
against the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED this 3rd day of October 2006.
C.'a I -S"4
DAVID M. S E IN, MAYOR
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF SAN JUAN CAPISTRANO )
I, MARGARET R. MONAHAN, appointed City Clerk of the City of San Juan Capistrano, do
hereby certify that the foregoing is a true and correct copy of Ordinance No. 919 which was
regularly introduced and placed upon its first reading at the Regular Meeting of the City Council
on the 19'" day of September 2006 and that thereafter, said Ordinance was duly adopted and
passed at the Regular Meeting of the City Council on the 3rd day of October 2006 by the
following vote, to wit:
AYES: COUNCIL MEMBERS: Hart, Bathgate, Soto, Allevato, and Mayor Swerdlin
NOES COUNCIL MEMBERS: None
fr,5 r: COUNCII1MEM-EERS: None
City
Page 4 of 4
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss AFFIDAVIT OF POSTING
CITY OF SAN JUAN CAPISTRANO)
I, MARGARET R. MONAHAN, declares as follows:
That I am the duly appointed and qualified City Clerk of the City of San Juan Capistrano; That in
compliance with State laws, Government Code section 36933(1) of the State of California, on
the 13`h day of September 2006, at least 5 days prior to October 3, 2006, the date of adoption of
the ordinance, I caused to be posted a certified copy of the proposed Ordinance entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADDING ARTICLE 5 TO TITLE 3, CHAPTER 4 OF THE MUNICIPAL CODE TO
PROVIDE INFORMAL BIDDING PROCEDURES ON PUBLIC CONTRACTS
UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT
(SECTION 22000, ET SEQ. OF THE PUBLIC CONTRACT CODE)
This document was posted in the Office of the City Clerk 0 V
---��71 4 1 1 1 d
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SAN JUAN CAPISTRANO)
MR RET R. MONAHAN, CITY CLERK
n Ju n Capistrano, California
ss AFFIDAVIT OF POSTING
I, MARGARET R. MONAHAN, declare as follows: That I am the duly appointed and qualified
City Clerk of the City of San Juan Capistrano; That in compliance with State laws, Government
Code section 36933(1) of the State of California. On the 4`h day of October 2006 1 caused to be
posted a certified copy of Ordinance No. 919, adopted by the City Council on October 3, 2006
entitled:
AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA,
ADDING ARTICLE 5 TO TITLE 3, CHAPTER 4 OF THE MUNICIPAL CODE TO
PROVIDE INFORMAL BIDDING PROCEDURES ON PUBLIC CONTRACTS
UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT
(SECTION 22000, ET SEQ. OF THE PUBLIC CONTRACT CODE)
This document was posted in the Office of thAanJ
Clerk
ARET R. MONAHAN, CITY CLERK
an Capistrano, California