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HomeMy WebLinkAboutCC Resolution 15183 (Award of Public Works Contracts) RESOLUTION NO. 15183 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING DOLLAR AMOUNT LIMITS FOR AWARD OF PUBLIC WORKS CONTRACTS WHEREAS, Chapter 11.50 of the San Rafael Municipal Code (“SRMC”) sets forth the City of San Rafael’s public works contract policy, which includes separate bidding and award procedures for “minor contracts” and “major contracts”; and WHEREAS, the City’s policy at SRMC § 11.50.110(C) permits the Public Works Director to award minor contracts using informal procedures; and WHEREAS, delegating the award of minor contracts to the Public Works Director saves time, minimizes administration cost, and expedites the completion of smaller public works projects; and WHEREAS, under the City’s policy at SRMC § 11.50.020(G), the City Council sets by resolution the dollar limit for minor contracts, and in November 2017, the City Council increased the dollar limit for minor contracts from $125,000 to less than $175,000; and WHEREAS, the City’s policy at SRMC § 11.50.090(A), revised by Ordinance No. 2025, will provide an exception to bidding requirements for small contracts in an amount established by resolution of the City Council; and WHEREAS, construction costs have increased significantly over the last decade and particularly over the last several years; and WHEREAS, the Uniform Public Construction Cost Accounting Act (“UPCCAA”), Public Contracts Code section 22032, sets dollar amounts for award of public contracts, which are currently set at $60,000 or less for competitive bidding exception, $200,000 or less for public projects let to contract by informal procedures, and greater than $200,000 for public projects let to contract by formal bidding procedures; and WHEREAS, the dollar amount limits set under the UPCCAA are reviewed by the California Uniform Construction Cost Accounting Commission (Commission) every five years to account for rising construction costs, and WHEREAS, pursuant to Public Contracts Code section 1100.7, the Public Contracts Code applies to charter cities only in the absence of an express exemption, a city charter provision, or an ordinance that conflicts with a relevant provision of the code, and the City of San Rafael has not elected to be subject to the UPCCAA; and WHEREAS, pursuant to the City’s public works contract policy, the City Council desires to adopt by reference the dollar amount limits from UPCCAA for the City’s competitive bidding exception, minor (informal) contracts, and major (formal) contracts. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows: 1. The dollar amount limit to except a contract from the competitive bidding provisions under SRMC section 11.50.090(A) shall be the same amount specified in the Public Contracts Code section 22032(a) for public projects that may be performed by force account, by negotiated contract or by purchase order, as that code may be amended from time to time. This provision shall become effective upon the effective date of Ordinance No. 2025. 2. The dollar amount limit to define a “minor contract” under SRMC § 11.50.020(G) shall be the same amount specified in the Public Contracts Code section 22032(b) for public projects that may be let to contract by informal procedures, as that code may be amended from time to time. 3. The dollar amount limit to define a “major contract” under SRMC § 11.50.020(F) shall be the same amount specified in the Public Contracts Code section 22032(c) for public projects that shall be let to contract by formal procedures, as that code may be amended from time to time. 4. Unless otherwise indicated, the dollar amount limits set forth herein shall be effective immediately. 5. By adopting this resolution, the City Council is not electing to become subject to the Uniform Public Construction Cost Accounting procedures, pursuant to the Public Contracts Code section 22030. I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Tuesday, the 17th day of January 2023, by the following vote, to wit: AYES: Councilmembers: Bushey, Hill, Llorens Gulati & Mayor Kate NOES: Councilmembers: None ABSENT: Councilmembers: Kertz Lindsay Lara, City Clerk