G.7 - UPCCAA Presentation GTPublic Projects and
Maintenance Work
Procurement
PRESENTED BY
ADRIAN R. GUERRA, CITY ATTORNEY
Default/Current Requirements
for Public Projects
The Public Contract Code strictly requires formal bidding for all
public projects costing $5,000 or more.
◦“Public project” includes the erection, improvement, painting, or repair of
public buildings and works; street or sewer work except maintenance or
repair; and furnishing supplies or materials for any such project, including
maintenance or repair of streets or sewers.
Formal bidding includes a noticing inviting bids that must be
published at least 10 days prior to bid opening.
Maintenance Work Requirements
“Maintenance Work” is included in the Public Contract Code’s default
definition of “public project” except for “maintenance or repair” of streets
or sewers.
◦This means that all maintenance work must be let by formal bidding unless it
is (1) less than $5,000 or (2) “maintenance or repair” of streets or sewers.
“Maintenance or repair” of streets of sewers would be governed by
Chapter 3.24 of the Grand Terrace Municipal Code, which requires:
◦$10,000 or less: open market procedure by seeking 3 informal quotes
◦Greater than $10,000: formal notice inviting bids procedures (comparable to Public
Contract Code requirements).
Uniform Public Construction Cost
Accounting Act
The Uniform Public Construction Cost Accounting Act is an
alternative method of public project procurement.
Primary differences are as follows:
◦Changes the definition of “public project” so that “maintenance work”
is not included.
◦Provides different cost thresholds for bidding.
Uniform Public Construction Cost
Accounting Act
“Public project” is similarly defined as the general Public Contract Code
definition; however, the Act excludes “maintenance work.”
◦This means that maintenance work need not go through Public Contract
Code’s default bidding procedures.
Maintenance work includes the following:
◦Routine, recurring, and usual work for the preservation or protection of any publicly
owned or publicly operated facility for its intended purposes
◦Minor repainting.
◦Resurfacing of streets and highways at less than one inch.
◦Landscape maintenance, including mowing, watering, trimming, pruning, planting,
replacement of plants, and servicing of irrigation and sprinkler systems.
Uniform Public Construction Cost
Accounting Act
The Act also provides the following thresholds for bidding:
◦$60,000 or less may be performed by City employees by force account, by
negotiated contract, or by purchase order.
◦Public projects greater than $60,000 but less than $200,000 may be
contracted through informal bidding procedures set forth in the Act, which
includes providing a notice inviting bid to a “contractor lists”.
◦Public projects of more than $200,000 must be contracted through traditional
formal bidding procedures.
Proposed Ordinance
Consistent with the Act, the Proposed Ordinance would do the
following:
◦Utilize the Act’s bidding thresholds.
◦Utilize the Act’s informal and formal bidding procedures for public projects.
◦This includes the use of contractor’s lists for informal bidding.
◦Generally require “maintenance work” to be performed pursuant to the Act’s
requirements.
◦“Maintenance work” is normally not subject, but would benefit from the Act’s procedures.
Recommendation
1.Adopt a Resolution of the City Council of the City of Grand
Terrace electing to become subject to the Uniform Public
Construction Cost Accounting Act.
2.Conduct first reading by title only and waive further reading of
an Ordinance Adding Chapter 3.26 To Title 3 And Amending
Section 3.24.060 of Chapter 3.24 of Title 3 of The Grand
Terrace Municipal Code, which establish procurement
procedures for Public Projects, pursuant to the Uniform Public
Construction Cost Accounting Act, and for Maintenance Work.