HomeMy WebLinkAboutAnalysis, Argument in Favor, NoticeIMPARTIAL ANALYSIS BY CITY ATTORNEY
CITY CHARTER PROPOSITION
MEASURE L.O2
Section 901 of the San Luis Obispo City Charter currently requires that most City public works
construction contracts which cost more than the amount specified in California Public Contract
Code Section20162 must be awarded to the lowest responsible bidder after notice and a formal
bidding process. Public Contract Code Section20l62 (which was last amended in 1982) sets
the expenditure limit requiring public bidding at $5,000.00. Because of inflation, this $5,000.00
limit requires the City to prepare formal plans and specifications and conduct a formal bidding
process for even minor projects, which increases costs and extends the time necessary to award
contracts.
This Charter amendment would allow the City to award maintenance related projects using a
"unit price contract" for all necessary labor, materials, and equipment provided such contracts
are secured on a competitive basis as otherwise required by Public Contract Code Section
201285. A "unit price contract" is a competitively bid, fixed unit price, indefinite quantity
contract for renovation, repair, remodeling, alteration, or other repetitive work. New
construction would still be subject to bidding requirements. The City Council must establish
guidelines by ordinance for the award and use of such unit price contracts, and may set an
amount below which the City Administrative Officer may award such contracts.
In addition, this Charter Amendment would allow public works contracts of $100,000 or less to
be awarded by the alternative procedures of the Uniform Public Construction Cost Accounting
Act, as set forth commencing with Public Contract Code Sections23032. This would allow for
simplified bidding procedures for projects under $100,000.00, provided specified competitive
safeguards are met. The City Council must establish guidelines by ordinance for the use of such
contracts.
G
City
City of San Luis Obispo
RECEIVED
JUL 2,9 2002
Argument in Favor of Measure L-02 SLO CITY CLERK
The City contracting process is governed by a decades-old method of determining which projects
must be put out to formal public bid. The current City Charter has very restrictive provisions
regarding contracting for conshuction projects. Any project greater than $5,000 in value must be
competitively bid using formal plans and specifications. The fact is, not every project needs
individuai formal bid documents to be completed. That's just too much paperwork and
bureaucracy.
Amending the City Charter to adopt Unit Price contracts and Uniform Public Construction Cost
Accounting Act provisions will enhance our ability to get projects under construction, with an
emphasis on quality conskuction. These altemative methods greatly enhance the City's flexibility
to deal with changing priorities.
Adoption of these two methods of conhacting will significantly increase the amount of work
available for local contractors. It will focus on expediting construction rather than forcing every
project through the same formal bid procedures. We will still seek formal bids for new
construction, but there will be many more chances for smaller, more specialized contractors to be
successful.
You can help to modemize an old process that will result in a real boost to our local economy.
Imagine a City whose infrastructure is maintained in a timely and efficient manner. Streets,
buildings, parks and utilities are in good working order and construction projects for repairs are
quickly initiated and completed by skilled contractors. We have the opportunity to make this
vision a reality and update our contracting practices by adopting two alternative methods of
contracting for construction projects. If you want to help the City achieve its vision to get projects
done faster and more efficiently, please vote yes on Measure L-02.
Marx, Vice-Mayor, City of S Obispo
, city Obispo
of the San Luis Obispo County Builders Exchange
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NOTICE OF DEADLINES FOR SUBMITTING
PRIMARY AND REBUTTAL ARGUMENTS
FOR OR AGAINST CITY MEASURES
NOTICE IS GIVEN that the General Municipal Election is to be held in the City
of San Luis Obispo on November 5,2002, at which there will be submitted to the voters
the following measures:
NOTICE IS FURTHER GIVEN that pursuant to Article 4, Chapter 3, Division 9
of the Elections Code of the State of California, the City Council (or any member or
members thereof authorizedby the Council); or the proponents; or bona fide association
of citizens, or any combination of voters and associations; or any individual voter(s) may
file a written argument, not to exceed 300 words in length, for or agiinst the City
measure.
NOTICE IS FURTHER GIVEN that, based upon the time reasonably necessary to
prepare and print the arguments and sample ballots for the election, the City Clerk has
fixed July 30. 2002 at 5:00 p.m. as a reasonable date prior to the election after which no
arguments for or against a City measure may be submitted to the Clerk for printing and
distribution to the voters as provided in the Article 4. Arguments may be changed or
withdrawn until and including the date fixed by the City Clerk.
NOTICE IS FURTHER GIVEN that the City Council has determined that rebuttal
arguments, not to exceed 250 words in length, may be submitted by the authors of the
opposing direct arguments, to the City Clerk not later than 5:00 p.m. on August 9. 2002.
NOTICE IS FURTHER GIVEN that the fulltext of the measure, impartial
analysis, and arguments filed under the authority of the Elections Code witrl be available
for public examination in the Office of the City Clerk for 10 caleldar days hom the final
deadline for filing written arguments.
Lee Price, C.M.C.
City Clerk
Measure L-02
Shall City Charter Section 901 be amended to allow maintenance
related projects to be performed using a unit price contract
awarded on a competitive bid basis consistent with the provisions
for unit price contraits contained in Section20l28.5 of the Public
Contract Code; and other public works contracts to be awarded
consistent with the Uniform Public Construction Cost Accounting
Act, Section22000, et seq of the Public Contract Code?
Yes
No
Dated
NOTICE OF DEADLINES FOR SUBMITTING
PRIMARY AND REBUTTAL ARGUMENTS
FOR OR AGAINST CITY MEASURE,S
NOTICE IS GIVEN that the General Municipal Election is to be held in the City
of San Luis Obispo on Novemb er 5, 2002, at which there will be submitted to the voters
the following measures:
NOTICE IS FURTHER GIVEN that pursuant to Article 4, Chapter 3, Division 9
of the Elections Code of the State of California,the City Council (or any member or
members thereof authoizedby the Council); or the proponents; or bona fide association
of citizens, or any combination of voters and associations; or any individual voter(s) may
file a written argument, not to exceed 300 words in length, for or against the City
measure.
NOTICE IS FURTHER GIVEN that, based upon the time reasonably necessary to
prepare and print the arguments and sample ballots for the election, the City Clerk has
fixed July 30. 2002 at 5:00 p.m. as a reasonable date prior to the election after which no
arguments for or against a City measure may be submitted to the Clerk for printing and
distribution to the voters as provided in the Article 4. Arguments may be changed or
withdrawn until and including the date fixed by the City Clerk.
NOTICE IS FURTHER GIVEN that the City Council has determined that rebuttal
arguments, not to exceed 250 words in length, may be submitted by the authors of the
opposing direct arguments, to the City Clerk not later than 5:00 p.m. on August 9. 2002.
NOTICE IS FURTHER GIVEN that the fulltext of the measure, impartial
analysis, and arguments filed under the authority of the Elections Code will be available
for public examination in the Office of
deadline for filing written arguments.
the City Clerk for 10 calendar the final
Dated L
Lee Price,C.M.C.
City Clerk
STATE OF CALIFORNIA
COUNry OF SAN LUIS OBISPO
CIry OF SAN LUIS OBISPO
AFFIDAVIT OF POSTING
l, Lee Price, being flrst duly sworn, deposes and says: That she is duly appointed
and qualified City Clerk of the City of San Luis Obispo and that on July 19,e caused the
above Notice to be posted at San Luis Obispo City Hall, San rs
City Clerk
\
r
ss.
Measure L-02
Shall City Charter Section 901 be amended to allow maintenance
related projects to be performed using a unit price contract
awarded on a competitive bid basis consistent with the provisions
for unit price contracts contained in Section20l28.5 of the Public
Contract Code; and other public works contracts to be awarded
consistent with the Uniform Public Construction Cost Accounting
Act, Section22000, et seq of the Public Contract Code?
Yes
No
San Luis Obispo, Califomia