2020-17 Adding Chapter 7.20 Uniform Public Construction Cost Accounting Act ORDINANCE 2020-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ENCINITAS ADDING CHAPTER 7.20 TO THE ENCINITAS MUNICIPAL
CODE ESTABLISHING INFORMAL BIDDING PROCEDURES UNDER
THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT.
WHEREAS, current California law requires a formal bid process for public works
projects over $5,000; and
WHEREAS, the State of California's Uniform Public Construction Cost
Accounting Act (Act) allows for informal bidding procedures for public works projects
under $200,000 if the agency adopts by resolution and follows the procedures outlined
in the Act; and
WHEREAS, the City Council of the City of Encinitas, at its October 14, 2020,
meeting, has adopted Resolution 2020-91 electing to become subject to the Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ENCINITAS DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That Chapter 7.20, consisting of sections 7.20.010 to 7.20.050
inclusive, is hereby added to read as follows:
See Exhibit "A" to this Ordinance.
SECTION 2. This Ordinance was introduced on October 14, 2020.
SECTION 3. These regulations shall take effect 30 days from their adoption and a
summary shall be published in a newspaper of general circulation as provided by law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
held on the 28th day of October, 2020.
Catherine S. Blakespear, Mayor
ATTEST:
olly
Kathy wood, City Clerk
APPROVED AS TO FORM:
L . Dev ney, City Vorney
CERTIFICATION: I, Kathy Hollywood, City Clerk of the City of Encinitas, California, DO
HEREBY CERTIFY, that the foregoing is a true and correct copy of Ordinance No. 2020-
17, which has been published pursuant to law, and adopted by the City Council of the
City of Encinitas, California, at a Regular Meeting held the 28th day of October, 2020, by
the following vote:
AYES: Blakespear, Hinze, Kranz, Mosca
NOES: None
ABSENT: Hubbard
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Encinitas, California, this 28th day of October, 2020.
oil
Kathy h Ilyw d, City Clerk
City of Encinitas
Exhibit A to Ordinance No. 2020-17
Chapter 7.20
ALTERNATIVE BID PROCEDURES FOR PUBLIC WORKS PROJECTS
7.20.010 Purpose. The purpose of the following sections is to establish alternative
bid procedures for public works projects ("Alternative procedures" or "Alternative bids"), as
provided for by the California Uniform Public Construction Cost Accounting Act (the "Act").
7.20.020 Informal Bid Procedures. Public projects, as defined by the Act and in
accordance with the limits set forth in the Public Contract Code, may be let to contract by
informal procedures. The applicable thresholds shall be as provided in the Public Contract
Code (including, but not limited to, Public Contract Code section 22032) as the same may
be amended from time to time.
7.20.030 Contractors List. A list of contractors shall be developed and
maintained in accordance with the provisions of Section 22034 of the Public Contract Code
and criteria promulgated from time to time by the California Uniform Construction Cost
Accounting Commission (the "Commission").
7.20.040 Notice Inviting Informal Bids.
A. Where a public project is to be performed pursuant to Subsection B of Section
7.20.020, a notice inviting informal bids shall be mailed, faxed, or e-mailed to all contractors
for the category of work to be bid, as shown on the list developed in accordance with Section
7.20.030, or mailed, faxed, or e-mailed to all construction trade journals as specified by the
Commission in accordance with Section 22036 of the Public Contract Code. Additional
contractors and/or construction trade journals may be notified at the discretion of the
department soliciting bids, provided however:
1. 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.
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 information bids
may be sent exclusively to such contractor or contractors.
B. All mailing of notices to contractors and construction trade journals pursuant
to subdivision (A) shall be completed not less than ten (10) calendar days before bids are
due.
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C. The notice inviting informal bids shall describe the project in general terms
and how to obtain more detailed information about the project, and shall state the time and
place for the submission of bids.
7.20.050 Award of Contracts. The City Manager, or designee, is authorized to award
contracts pursuant to Subsections A and B of Section 7.20.020 of this Chapter.
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