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Home My WebLink AboutMINUTES - 04272004 - C.15 { TO: BOARD O1= SUPERVISORS •. CONTRA FROM: BARTON J. GILBERT, DIRECTOR OF GENERAL SERVICES COSTA DATE: APRIL 27, 2004 COUNTY SUBJECT: APPROVE AMENDMENTS TO COUNTY ORDINANCE CODES TO RAISE THE INFORMAL BIDDING LIMIT FOR PUBLIC PROJECTS FROM $50,000 TO $100,000 CONSISTENT WITH THE STATE PUBLIC CONTRACT CODE SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. INTRODUCE the following ordinances to raise from $50,000 to $100,000 the informal bidding limit for public construction projects; WAIVE reading and FIX May, 2004 for adoption: Ordinance amending Sections 1108-3.204(a) and 1105-3.208' of County Ordinance Code (County) Ordinance amending Ordinance No. 93-59 (Flood Control District) Ordinances amending Ordinances Nos. 93-61 (County Sanitation District No. 5) and 93-62 (County Sanitation District No. 6) Ordinances amending Ordinances Nos. 93-65 (Crockett-Carquinez Fire Protection District); 93- 66 (Contra Costa County Fire Protection District); and 93-64, 93-67, and 93-69 (East Contra Costa Fire Protection District) 2. APPROVE increasing the Outreach Program threshold for construction projects from $50,000 to $100,000. FINANCIAL IMPACT Raising the informal bidding limit will result in improved efficiencies and cost reductions in the administration and procurement of public construction projects that are $100,000 or less. P&6Ud&dA_ CONTINUED ON ATTACHMENT: X YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF BOARD COMMITTEE t>�APPROVE _OTHER SIGNATURE(S); ACTION OF BOD APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS f UNANIMOUS(ABSENT '' N AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT: BARTON J.GILBERT(3137100) Originating Dept.:General Services Department cc: General Services Department I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN Administration AND ENTERED ON THE MINUTES OF THE BOARD Accounting OF SUPERVi�S ON THE DATE SHOWN. Capital Projects 1, r� County Administrator's Office ATTESTED I �-� t County Counsel JOH SWEETEN,CLERK OF IME BOARD OF SUPIERVISORS Auditor-Controller(via GSD) ANp COUNTY ADMINISTRAT R BY DEPUTY Page 1 of 3 M382(10188) APPROVE AMENDMENTS TO COUNTY ORDINANCE April 27, 2004 CODES TO RAISE THE INFORMAL BIDDING LIMIT FOR PUBLIC PROJECTS FROM $60,000 TO $100,000 CONSISTENT WITH THE STATE PUBLIC CONTRACT CODE BACKGROUND In 1993, the Board of Supervisors elected to use the Uniform Public Construction Cost Accounting Act (Public Contract Code Section 22000-22045) for construction contracts let by the County, Flood Control District, County Sanitation Districts Nos. 5 (Port Costa) and 0 (Alhambra Valley), the Contra Costa Fire Protection District, the Crockett-Carquinez Fire Protection District, and the East County Fire Protection District. As required by the Act, the Board adopted ordinances implementing the informal bidding procedures authorized by the Act. At the time the ordinances were adopted, the limit in the Act for informal bidding was $50,000 (Public Contract Code Section 22032(b)). On June 27, 2000, the Finance Committee presented a report to the Board of Supervisors regarding the County's purchasing policies and practices. The report included a recommendation to raise the informal bidding limit for construction projects from $50,000 to $75,000, which the Board unanimously approved. At the time of the Board's approval, the statutory limit for informal bidding had been increased to $75,000 (per Public Contract Code Section 22032(b)). Since that time, state law was amended further to increase the limit for informal bidding from $75,000 to $100,000. Since January 2002, Public Contract Code Section 22032 has allowed construction contracts of $100,000 or less to be let by informal bidding procedures. The attached ordinances, which would amend the ordinances originally adopted in 1993, would increase the informal bidding limit up to the current statutory limit--$100,000. To obtain the benefits of the new statutory limit for informal bidding, staff recommends that the Board introduce the attached ordinances, waive reading, and fix May 4, 2004 as the date for adoption of the ordinances. In addition, to coordinate the new informal bidding limit with the County's Outreach Program, it is recommended that the Outreach Program threshold also be increased from $50,000 (present level) to $100,000. The following table provides a comparison of the informal and formal bidding procedures. I REQUIREMENT INFORMAL BINDING FORMAI. BIDDING Current bidding limit $25,001 to $50,000 $50,001 and above Proposed bidding limit $25,001 to $100,000 $100,001 and above County Outreach Program Not applicable Good faith effort by the bidder is required including mandatory subcontracting minimum (MSM) Approval of plans and specs Department (General Services, Board of Supervisors Public Works, or County Administrator) Notice to bidders Mailed notice at least 10 days Mailed notice at least 30 days (advertisement) before bid opening to. before bid opening to trade journals a) Contractors on list; or Published notice in newspaper b) Trade journals; or of general circulation at least 14 c} Bath (a) and (b) days before bid opening Contract award Department (General Services, Board of Supervisors Public Works, or County Administrator) Prevailing wages, bonding & Required Required insurance Page 2 of 3 M382(10/88) APPROVE AMENDMENTS TO COUNTY ORDINANCE April 27, 2004 CODES TO RAISE THE INFORMAL BIDDING LIMIT FOR PUBLIC PROJECTS FROM $50,000 TO $100,000 CONSISTENT VinTH THE STATE PUBLIC CONTRACT CODE Operational Efficiencies Increasing the informal bid limit would provide greater flexibility and efficiency in managing smaller projects. Project delivery time can be reduced by three months or more with an informal bidding process versus a formal bidding process. In addition, the informal bidding process can save between $5,000 and $8,000 in administrative costs on a per project basis depending upon the complexity of the project. Although informally bid projects are not subject to the Outreach Program, the General Services and Public Works Departments conduct outreach efforts for informally bid projects by advertising in construction trade journals and sending notices to contractors and subcontractors, including SEES, LBEs, MBEs, WBEs, and DVBs. The County, the Flood Control District, the Sanitation Districts, and Fire districts will benefit from the time and cost savings of increasing the informal bidding limit to the $100,000 statutory limit. ORDINANCES OF CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT (ORDINANCE NO. 2004-17 ), CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT (ORDINANCE NO. 2004-18 ), AND EAST CONTRA COSTA FIRE PROTECTION DISTRICT (ORDINANCE NO. 2004-19 ) IMPLEMENTING THE INFORMAL BIDDING PROCEDURES OF THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT The Beard of Supervisors of Contra Costa County, as and constituting the Board of Directors of the Crockett-Carquinez Fire Protection District, Contra Costa County Fire Protection District, and East Contra Costa Fire Protection District, ordains as follows. SECTION 1. SUMMARY. This ordinance is adopted pursuant to Public Contract Code Section 20034 for the purpose of implementing the informal bidding procedures of the Uniform Public Construction Cost Accounting Act. This ordinance amends Sections 111(x) and V of Ordinances No. 93-64, 93-65, 93-66, 93-67, and 93-69 by increasing the monetary limit for informal bidding and informal contracts, as authorized by Public Contract Code Section 2202(b). SECTION 11. Section 111(x) of Ordinances No. 93-64, 93-65, 93-66, 93-67, and 93-69 is amended to read: SECTION 111.NOTICE INVITING INFORMAL. BIDS. (a) For public projects of $100,000 or less, the department may use informal bidding by mailing a notice inviting informal bids to all contractors for the category of work being bid, as shown on the list maintained under County Ordinance Code Section 11038-3.206, or to all construction trade journals specified in Public Contract Code Section 22036, or to both all contractors on the list for the category of work being bid and all construction trade journals specified in Section 22036. Notice may be sent to additional contractors or construction trade journals at the discretion of the department. If there is no list of qualified contractors maintained by the department for the particular category of work to be performed, the notice inviting informal bids need only be sent to the construction trade journals specified by the commission. SECTION III. Section V of Ordinances No. 93-64, 93-65, 93-66, 93-67, 93-69, and 93-71 is amended to read: SECTION V. AWARD OF INFORMAL CONTRACTS. Pursuant to Public Contract Code Section 22034, the authority to award informal contracts for those public projects up to $100,000 is delegated to the director of general services and the county administrator to be exercised in accordance with all applicable laws and county policies. ORDINANCES NO. 2004- , 2004- , AND 2004- Page 1 SECTION IV. EFFECTIVE DATE. This ordinance becomes effective thirty days after passage, and within fifteen days after passage this ordinance shall be published once with the names of supervisors voting for and against it in the Contra Costa Times, a newspaper published in this county. PASSED on , 2004, by the following vote: AYES: DOES: ABSENT: ABSTAIN: ATTEST: JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By: Deputy Clerk Chair, Board of Supervisors, as the Board of Directors of the Crockett-Carquinez Fire Protection District, Contra Costa County Fire Protection District, and East Contra Costa Fire Protection District ORDINANCES NO. 2004- , 2004- , AND 2004- Page 2 ORDINANCE NO. 2004- 16 AN ORDINANCE OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT IMPLEMENTING THE INFORMAL BIDDING PROCEDURES OF THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District, ordains as follows. SECTION 1. SUMMARY. This ordinance is adopted pursuant to Public Contract Code Section 20034 for the purpose of implementing the informal bidding procedures of the Uniform Public Construction Cost Accounting Act. This ordinance amends Sections Ill(a) and V of Ordinance No. 93-59 by increasing the monetary limit for informal bidding and informal contracts, as authorized by Public Contract Code Section 22032(b). SECTION iI. Section I11(a) of Ordinance No. 93-59 is amended to read. SECTION 111.NOTICE INVITING INFORMAL BIOS. (a) For public projects of $100,000 or less, the department may use informal bidding by mailing a notice inviting informal bids to all contractors for the category of work being bid, as shown on the list maintained under County Ordinance Code Section 1108-3.206, or to all construction trade journals specified in Public Contract Code Section 22036, or to both all contractors on the list for the category of work being bid and all construction trade journals specified in Section 22036. Notice may be sent to additional contractors or construction trade journals at the discretion of the department. If there is no list of qualified contractors maintained by the department for the particular category of work to be performed, the notice inviting informal bids need only be sent to the construction trade journals specified by the commission. SECTION III. Section V of Ordinance No. 93-59 is amended to read: SECTION V. AWARD OF INFORMAL CONTRACTS. Pursuant to Public Contract Code Section 22034, the authority to award informal contracts for those public projects up to $100,000 is delegated to the chief engineer to be exercised in accordance with all applicable laws and county policies. SECTION IV. EFFECTIVE DATE. This ordinance becomes effective thirty days after passage, and within fifteen days after passage this ordinance shall be published once with the names of supervisors voting for and against it in the Contra Costa Times, a newspaper published in this county. ORDINANCE NO. 2004- Page 1 PASSED on , 2004, by the fallowing vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By: Deputy Clerk Chair, Board of Supervisors, as ex officio the Board of Supervisors of the Contra Costa County Mood Control and Water Conservation District ORDINANCE NO. 2004- Page 2 ttJ ORDINANCE NO. 2004- 15- INFORMAL BIDDING PROCEDURES FOR PUBLIC PROJECTS The Board of Supervisors of Contra Costs County ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION 1. SUMMARY. This ordinance is adopted pursuant to Public Contract Code Section 20034 for the purpose of implementing the informal bidding procedures of the Uniform Public Construction Cost Accounting Act. This ordinance amends Sections 1108- 3.204(a)and 1108-3.208 of the County Ordinance Code by increasing the monetary limit for informal bidding and informal contracts, as authorized by Public Contract Code Section 22032(b). SECTION II. Section 1108-3.204(x) of the County Ordinance Code is amended to read: 1108-3.204 Notice inviting informal bids. (a) For public projects of $100,000 or less, the department may use informal bidding by mailing a notice inviting informal bids to all contractors for the category of work being bid, as shown on the list maintained under Section 1108-3.206, or to all construction trade journals specified in Public Contract Code Section 22036, or to both all contractors on the list for the category of work being bid and all construction trade journals specified in Section 22036. Notice may be sent to additional contractors or construction trade journals at the discretion of the department. If there is no list of qualified contractors maintained by the department for the particular category of work to be performed, the notice inviting informal bids need only be sent to the construction trade journals specified by the commission. (Ords. 2004- § 2, 93-60 § 2). SECTION Ill. Section 1108-3.208 of the County Ordinance Code is amended to read: 1106-3.208 Award of informal contracts. Pursuant to Public Contract Code Section 22034, the authority to award informal contracts for those public projects up to $100,000 is delegated to the public works director, the director of general services, and the county administrator to be exercised in accordance with all applicable laws and county policies. (Ords. 2004- § 3, 93-60 § 2). SECTION IV. EFFECTIVE DATE. This ordinance becomes effective thirty days after passage, and within fifteen days after passage this ordinance shall be published once with the names of supervisors voting for and against it in the Contra Costa Times, a newspaper published in this county. ORDINANCE NO. 2004- Page 1 PASSED on 2004, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By: Deputy Clerk Chair, Board of Supervisors ORDINANCE NO. 2004- Page 2 ORDINANCES ATION ±i�RD1NA � DISTRICT NO. INTRA COSTA C (ORDINAN c f t r INFORMAL B ry 11 Y )RM PUBLIC COV: T 14 The Board of Supervisors of C v hdy of Contra Costa p �� County Sanitation District No. . istrict No. 6, ordains as follows: SECTION 1. SUMMARY. This ordinance is adopted pursuant to Public Contract Code Section 20034 for the purpose of implementing the informal bidding procedures of the Uniform Public Construction Cost Accounting Act. This ordinance amends Sections 111(a) and V of Ordinances No. 93-61 and 93-62 by increasing the monetary limit for informal bidding and informal contracts, as authorized by Public Contract Code Section 22032(b). SECTION 11. Section 111(a) of Ordinances No. 93-61 and 93-62 is amended to read: SECTION 111, NOTICE INVITING INFORMAL BIDS. (a) For public projects of $100,000 or less, the department may use informal bidding by mailing a notice inviting informal bids to all contractors for the category of work being bid, as shown on the list maintained under County Ordinance Code Section 1108-3.206, or to all construction trade journals specified in Public Contract Code Section 22036, or to both all contractors on the list for the category of work being bid and all construction trade journals specified in Section 22036. Notice may be sent to additional contractors or construction trade journals at the discretion of the department. If there is no list of qualified contractors maintained by the department for the particular category of work to be performed, the notice inviting informal bids need only be sent to the construction trade journals specified by the commission. SECTION 111. Section V of Ordinances No. 93-61 and 93-62 is amended to read: SECTION V. AWARD OF INFORMAL CONTRACTS. Pursuant to Public Contract Code Section 22034, the authority to award informal contracts for those public projects up to $100,000 is delegated to the public works director to be exercised in accordance with all applicable laws and county policies. SECTION IV. EFFECTIVE DATE. This ordinance becomes effective thirty days after passage, and within fifteen days after passage this ordinance shall be published once with the names of supervisors voting for and against it in the Contra Costa Times, a newspaper published in this county. ORDINANCES NO. 2004- AND 2004- Page 1 PASSED on , 2004, by the following vote: AYES: NOES: ASSENT: ABSTAIN: ATTEST: JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By: Deputy Clerk Chair, Board of Supervisors, as the Board of Directors of County Sanitation District No. 5 and County Sanitation District No. 6 ORDINANCES NO. 2004- AND 2004- Page 2