By adoption of Resolution 2007-10, the City of Escondido has
elected to become subject to the bidding procedures set forth in the
Uniform Construction Cost Accounting Act, found in California Public
Contract Code ("PCC") section 22000, et seq. (Hereafter, the "Act").
(Ord. No. 2020-17 § 1, 8-12-20; Ord. No. 2007-02(RR) § 1, 2-28-07)
Contracts for public projects in the city shall be defined and
governed by applicable state laws, including PCC section 20100, et
seq., and the city's adoption of the alternative provisions of the
Act. Contracts for public projects shall be governed by the current
edition of the Standard Specifications for Public Works Construction
and the latest supplement thereto, except as otherwise provided by
city council, the city manager, or in proposed contract documents.
(Ord. No. 2020-17 § 1, 8-12-20; Ord. No. 2007-02(RR) § 1, 2-28-07)
(a)
Authorization
and responsibility for the award of contracts for public projects
shall be by the following parties, once all insurance requirements
are met, and agreements have been approved as to form by the city
attorney:
(b)
Authorization
for the award of contracts for public projects shall be made on standard
forms approved in advance for such purpose, or on other forms with
the approval of the city attorney.
(Ord. No. 2020-17 § 1, 8-12-20)
Public projects for amounts of $60,000 or less may be awarded
without using the informal or formal bid procedures. Such expenditures
shall be made after obtaining written quotes to establish cost comparisons.
(Ord. No. 2020-17 § 1, 8-12-20; Ord. No. 2007-02(RR) § 1, 2-28-07)
(a)
Public
projects that are estimated to cost more than $60,000 but no more
than $200,000 shall be bid to contract by the informal procedures
set forth in PCC section 22034, et seq., as amended.
(b)
Subject
to the provisions of PCC section 22034, as amended, the city must
comply with the following requirements for such informal bidding procedures:
(1)
The city shall maintain a list of qualified contractors, identified
according to categories of work. Minimum criteria for development
and maintenance of the contractor's list shall be determined pursuant
to the Uniform Public Construction Cost Accounting Commission and
state law.
(2)
All contractors on the list for the category of work being bid shall
be mailed a notice inviting informal bids, except when:
(i)
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 to construction trade journal(s) as specified by
the California Construction Cost Accounting Commission in accordance
with section 22036 of the Act; and
(ii)
The product or service is proprietary or so specialized in nature
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)
Additional contractors and/or construction trade journals may be
notified at the city's discretion.
(4)
All mailing of notices to contractors shall be completed not less
than 10 calendar days before bids are due.
(5)
The notice inviting informal bids shall describe the project in general
terms, how to obtain more detailed information about the project,
and the time and place for the submission of bids.
(6)
If all bids received are in excess of $200,000, the city council
may by adoption of a resolution by a four-fifths (4/5) majority vote,
award a contract, up to $212,500 to the lowest responsible bidder,
if the city council determines the city's cost estimate was reasonable.
(c)
Pursuant
to the provisions of PCC section 22035, in case of emergency where
repair or replacements are necessary, the city council may authorize
the work to proceed on an emergency basis, and without giving notice
for bids to let contracts. The procedure for declaration of an emergency
must follow the provisions set forth in PCC section 22050.
(Ord. No. 2020-17 § 1, 8-12-20; Ord. No. 2007-02(RR) § 1, 2-28-07)
Public projects, as defined by the Act, which are estimated
to be greater than $200,000 shall be let to contract by formal bid
procedures as set forth by the Act and state law.
(Ord. No. 2020-17 § 1, 8-12-20; Ord. No. 2007-02(RR) § 1, 2-28-07)
The city manager may authorize the use of design-build services
for public projects as authorized by state law.
(Ord. No. 2020-17 § 1, 8-12-20)
(a)
No
change in an agreement or a contract for a public project shall be
made without the issuance of a written change order. Also, no payment
for any such change shall be made unless a written change order has
first been approved and executed in accordance with this section,
designating in advance the work to be done and the amount of additional
compensation to be paid.
(b)
The
authorized purchaser shall have the authority to execute change orders
within the authority granted by section 10-96, provided the amount
as revised is no greater than 10% of the upper limit of that authority.
(c)
If
the funding for an agreement or a contract has been previously approved
and the expenditure of such funds authorized by the city council,
the city manager shall have the authority to execute change orders
to public project contracts in an amount equal to the contingency
set at the time of the bid award, or 10% of the original bid price,
whichever is greater.
(Ord. No. 2020-17 § 1, 8-12-20)
