O 503 C.S.
ORDINANCE NO. 503 C.S.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE REPEALING AND REPLACING SECTION
2-4.02(c) OF CHAPTER 4 OF TITLE 2 OF THE ARROYO
GRANDE MUNICIPAL CODE
WHEREAS, the. City Council of the City of Arroyo Grande has adopted Resolution 3356 electing
to utilize the Uniform Public Construction Cost Accounting Act (the 1& Ace) procedures as set forth
in Chapter 2, Part 3, Division 2. of the Public Contract Code (more specifically the alternative
procedures provided in Article 3 of the Act)
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF ARROYO GRANDE DOES
ORDAIN AS FOllOWS:
SECTION 1: Section 2-4.02(c) of Chapter 4 of Title 2 of the Arroyo Grande Municipal Code shall
be repealed in its entirety and revised to read as follows:
2-4.02 (c) - Expenditures involvina public projects.
Notwithstanding the provisions of Article 4 (commencing with Section 20160) of
Chapter 1, part 3 of the California Public Contract Code, the requirements for the
award of contracts for public projects of the City shall be governed by the
alternative procedures contained in Article 3 (commencing with Section 22030) of
the Uniform Public Construction Cost Accounting Act (hereinafter "Act"), except as
otherwise provided for in this Chapter.
(1) Public projects of $25.000 or less.
Public projects, as defined by the Act, of twenty-five thousand dollars ($25,000)
or less, appropriations for which have been 'approved by the City Council, may
be performed by the employees of the City by force account, or by negotiated
contract or purchase order approved by the City Manager.
(2) Public projects of $75.000 or less (informal biddina procedures).
Public projects, as defined by the Act, of seventy-five thousand dollars
($75,000) or less may be let to contract by informal procedures as set forth
in Section 22032, et seq., of the Public Contract Code.
(a) A list of contractors shall be developed and maintained by the
Director of Public Works in accordance with the provisions of Section
22034 of the Act.
,
-"
ORDINANCE NO. 503 C.S. , .
PAGE 2
(b) Where a public project is to be performed which is subject to the
provisions of this Chapter, 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 Section 22034 of the Act,
and to all construction trade journals as specified by the California
Uniform Construction Cost Accounting Commission pursuant to
Section 22036 of the Act. Additional contractors anellor construction
trade journals may be notified at the discretion of the
departmenUagency soliciting bids; provided however: 1) if there is
no list of qualified contractors maintain~d 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, or 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 informal bids may be sent exclusively
to such contractor or contractors. All mailing of notices to contractors
and construction trade journals shall be completed not less than ten
(10) calendar days before bids are due.
(c) The notice inviting informal bids shall describe the project in general
terms, how to obtain more detailed information about the project, and
state the time and place for the submission of bids.
(d) The City Manager is authorized to award informal contracts pursuant
to this section.
(e) If all bids received are in excess of seventy-five thousand dollars
($75,000), the governing body of the public agency may by passage
of a resolution by a four-fifths vote, award the contract, at eighty
thousand dollars ($80,000), or less, to the lowest responsible bidder,
if it determines the cost estimate of the public agency was
reasonable.
(3) Public proiects of more than $75.000 (formal biddina procedures).
For all public projects of more than $75,000, a contract shall be awarded
pursuant to a formal bidding procedure as set forth in the Act, and subject
to the exemptions provided for therein.
SECTION 2: That all ordinances, codes, sections of ordinances and codes, and resolutions that
are inconsistent with the provisions of this Ordinance are hereby repealed.
ORDINANCE NO. 503 C.S.
PAGE 3
SECTION 3: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of
this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision
shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The
City Council hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause or phrase thereof, irrespective of the fact that anyone or more
section, subsection, subdivision, paragraph, sentence, clause or phrases be declared
unconstitutional.
SECTION 4: Within fifteen (15) days after passage of this Ordinance, it shall be published once,
together with the names of the Council members voting thereon, in a newspaper of general
circulation within the. City.
SECTION 5: This Ordinance shall take effect thirty (30) days after its adoption.
On motion of Council Member Runels, seconded by Council Member Tolley and on the following
roll call vote, to-wit:
AYES: Council Members Runels, Tolley, Dickens, Ferrara, and Mayor Lady
NOES: None
ABSENT: None
the foregoing Ordinance was adopted this 27th day of April, 1999.
,
..-----..-. -'
-
~
~' A~
ORDINANCE NO. 503 C.S.
PAGE 4
- ~ --'
MICHAEL A. ~rcfiil
E, DIRECTOR OF ADMINISTRATIVE SERVICES
APPROVED AS TO CONTENT:
tkr.J L . ~\ ~~.
ROBERT L. HUNT, CITY MANAGER
-
APPROVED AS TO FORM:. -
y-- f
:~
,....
~Ii. "f '. . ~
,it, .~=.
_. ---.----------
ORDINANCE NO. 503 C.S.
PAGE 5
OFFICIAL CERTIFICATION
I, KELLY WETMORE, Director of Administrative Services of the City of Arroyo Grande, County of
San Luis Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Ordinance No. 503 C.S. is a true, full, and correct copy of said Ordinance passed and adopted at
a regular meeting of the City Council of the City of Arroyo Grande on the 27th day of April, 1999.
WITNESS my hand .a'nd the Seal of the City of Arroyo Grande affixed this 29th day of April, 1999.
KELL Y ~1!t/.) dt<koA-L
DIRECTOR OF ADMINISTRATIVE SERVICES
-
-