HomeMy WebLinkAboutTC Ord 2015-05-06ORDINANCE NO. 556 N. S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING CHAPTER 3A OF THE
TOWN'S MUNICIPAL CODE REGARDING
CONTRACT AWARD PROCEDURES
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. AMENDMENT OF MUNICIPAL CODE.
(A) Title I, Chapter 3A, Section 3A-10 of the Tiburon Municipal Code is hereby amended to
read as follows:
3A-10 Minor public works contracts: small projects.
Minor public works contracts that do not exceed forty-five thousand dollars ($45,000)
may be performed by the employees of a public agency by force account, by negotiated
contract, or by purchase order. The dollar amounts set forth in this subsection shall be
automatically adjusted to conform to the maximum set by section 22032(a) of the Public
Contracts Code or its successor statute regarding informal bidding ordinances.
(B) Title I, Chapter 3A, Section 3A-11 of the Tiburon Municipal Code is hereby amended to
read as follows:
3A-11 Informal bidding for minor public works contracts: other
projects.
Minor public works contracts that exceed forty-five thousand dollars ($45,000)
shall be let according to this section.
(a) The town shall maintain a list of qualified contractors, identified according to
categories of work. This list shall comply will all criteria established by the California
Uniform Construction Cost Accounting Commission.
(b) All contractors on the list for the category of work being bid or all construction trade
journals specified in section 22036 of the California Public Contracts Code, or both all
contractors on the list for the category of work being bid and all construction trade
journals specified in section 22036 of the California Public Contracts Code shall be
mailed a notice inviting informal bids unless the product or service is proprietary.
(c) All mailing of notices to contractors and construction trade journals pursuant to
subsection (b) of this section shall be completed not less than ten (10) calendar days
before bids are due.
(d) 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.
Town of Tiburon Ordinance No. 556 N. S. Adopted 05/06/2015 1
(e) The town manager shall have the authority to award informal contracts to contractors
selected pursuant to this section.
(f) If all bids received are in excess of one hundred seventy-five thousand dollars
($175,000), the Town Council may, by adoption of a resolution by a four-fifths vote,
award the contract, at one hundred eighty-seven thousand five hundred dollars
($187,500) or less, to the lowest responsible bidder, if it determines the cost estimate of
the public agency was reasonable. If the lowest responsible bidder's bid exceeds at one
hundred eighty-seven thousand five hundred dollars ($187,500), or if the Council does
not adopt the necessary award resolution by four-fifths vote, the Town shall re -bid the
project using the formal bidding procedure.
(g) The dollar amounts set forth in this Section 3A-11 shall be automatically adjusted to
conform to the maximum set by Section 22034(0 of the Public Contracts Code or its
successor statute regarding informal bidding ordinances.
SECTION 2. SEVERABILITY.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of the Ordinance. The Town
Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or
more sections, subsections, sentences, clauses, or phrases may be declared invalid or
unconstitutional.
SECTION 3. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty days after the date of passage, and
before the expiration of fifteen (15) days after passage by the Town Council, a copy of the
ordinance shall be published with the names of the members voting for and against it at least
once in a newspaper of general circulation published in the Town of Tiburon.
This ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on April 1, 2015, and was adopted at a regular meeting of the Town Council of the
Town of Tiburon on May 6, 2015, by the following vote:
AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
FRANK X. DOYL MAYOR
Town of Tiburon
Town of Tiburon Ordinance No. 556 N. S. Adopted 05/06/2015 2
ATTEST:
A4.
DIANE C NE IACOPI, TOWN CLERK
Town of Tiburon Ordinance No. 556 N. 5. Adopted 05/06/2015 3