ORDINANCE NO. 05-23
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ORANGE AMENDING CHAPTER 3.08 OF
THE ORANGE MUNICIPAL CODE TO UPDATE
UNIFORM PUBLIC CONSTRUCTION COST
ACCOUNTING ACT REFERENCES TO
CONFORM TO CURRENT LAW.
[Pertinent provisions only]
SECTION II:
Section 3.08.500 of the Orange Municipal Code, “Revenue and Finance – Purchasing System – Public Projects – General Bid Limits,” is hereby revised to read as follows:
3.08.500 Public Projects—General Bid Limits.
A. Public projects of $30,000.00 or lessup to that amount set forth in Public Contract Code section 22032(a), or as it may be amended from time to time, may be performed by the employees of the City by force account.
B. Public projects up to that amount set forth in Public Contract Code section 22032(a), or as it may be amended from time to time, of $30,000.00 or less may be let to contract by the informal bid procedures prescribed in Sections 3.08.150 through 3.08.170 of this chapter.
C. Public projects up to that amount set forth in Public Contract Code section 22032(b), or as it may be amended from time to time, of $125,000.00 or less may be let to contract by the informal procedures prescribed in Section 3.08.520 of this chapter.
D. Public projects greater than that amount set forth in Public Contract Code section 22032(c), or as it may be amended from time to time, of more than $125,000.00 shall, except as otherwise provided in this chapter, be let to contract by the formal bidding pr ocedures prescribed in Sections 3.08.530 through 3.08.580 of this chapter.
E. The City Council may utilize the bidding procedures set forth in this chapter when contracting for “maintenance work” or when contracting for any other work which does not fall within the definition of “public project.”
SECTION III:
Section 3.08.520 of the Orange Municipal Code, “Revenue and Finance – Purchasing System – Public Projects – Informal Bidding Procedures,” is hereby revised to read as follows:
2 3.08.520 Public Projects—Informal Bidding Procedures.
Pursuant to the Uniform Public Construction Cost Accounting Act as adopted by the City (Public Contract Code section 22000 et seq.), the following shall govern the selection of contractors when a public projec t which is anticipated to fall within the monetary limits on informal bids described in Section 3.08.500.C of this chapter is to be performed:
A. The City shall prepare a notice of the opportunity to bid which describes the project in general terms, states the time and place for the submission of bids and describes how to obtain more detailed information about the project.
B. The City shall mail provide the notice to all contractors for the category of the work to be bid, as shown on the list of contrac tors developed and maintained by the Department of Public Works in accordance with criteria promulgated from time to time by the California Uniform Construction Cost Accounting Commission (“Commission”).
C. The City may also mail provide the notice to al l construction trade journals specified by the Commission for the County of Orange. Additional contractors and/or construction trade journals may also be notified at the discretion of the Director of Public Works; provided, however: (1) if the City has not prepared a list of qualified contractors for the particular category of work to be performed, the notice inviting bids shall be sent provided only to the construction trade journals specified by the Commission; and (2) if the product or service is proprietary in nature such that it can be legally obtained only from a certain contractor(s), the notice inviting informal bids may be sent provided exclusively to such contractor(s).
D. All mailings of notices to contractors and construction trade journals pursuant to this section shall be completed provided not less than 10 calendar days before bids are due.
E. The City Manager shall have the authority to award informal contracts pursuant to this sect ion with a value of $30,000 .00 or less pursuant to the findings and recommendations presented by the Director of Public Works. Such contracts shall have the prior approval of, and be executed by, the City Manager and shall be approved as to form by the City Attorney. All contracts with a value in excess of $30,000 .00 to be awarded pursuant to this section shall require the approval of the City Council and shall be executed by the Mayor and approved as to form by the City Attorney. Unless the agreement pro vides otherwise, the City Manager may approve dollar increases to contracts that have been approved by the City Council. The extent of the City Manager’s authority to approve such increases shall be in the amount of $10,000 .00 or 10%, whichever is greater. However, in no event may the City Manager approve an increase of more than $30,000.00.
F. If all informal bids received exceed that amount set forth in Public Contract Code section 22032(b), or as it may be amended from time to time, $125,000.00 and the City Council determines that the cost estimate was reasonable, the City Council may award the contract to the 3 lowest responsible bidder at up to $137,500.00that additional amount set forth in Public Contract Code section 22034(d), or as it may be amended from time to time, by resolution approved by the vote of the whole City Council as required in the Uniform Public Construction Cost Accounting Act, Public Contract Codeby Section 22000 22034(d)et seq. Such contracts shall be executed by the Mayor and approved as to form by the City Attorney. Otherwise, such work shall be awarded to the lowest responsible bidder pursuant to the formal bid p rocedures prescribed in Sections
3.08.530 through 3.08.570 of this chapter
SECTION IV:
The first paragraph of Section 3.08.560 of the Orange Municipal Code, “Revenue and Finance – Purchasing System – Public Projects – Award of Formal Bid Contracts,” is hereby revised to read as follows:
3.08.560 Public Projects—Award of Formal Bid Contracts.
All contracts for public work with a value greater than that amount set forth in Public Contract Code section 22032(c), or as it may be amended fro m time to time, of more than $125,000.00 shall require the approval of the City Council and shall be executed by the Mayor and approved as to form by the City Attorney. Unless the agreement provides otherwise, the City Manager may approve dollar increases to contracts that have been approved by the City Council.
The extent of the City Manager’s authority to approve such increases shall be in the amount of $10,000.00 or 10%, whichever is greater. However, in no event may the City Manager approve an increase of more than $30,000 .00. If a contract is awarded, it shall be awarded by the City Council to the lowest responsible bidder. The determination of the “lowest responsible bidder” shall be at the discretion of the City Council pursuant to the findings a nd recommendations presented by the Director of Public Works at the time of award of contract. In determining the lowest responsible bidder, the following shall be considered by the City Council, in addition to price: