Item 24 - Ordinance Amending City Manager’s Contracting Authority for Non/Public Works Contracts & Construction

Home Browse Search

Ordinance No. NS-XXX Page 11 of 15 and the administrative procedures adopted by the executive director of public works pursuant to section 33-204, are intended, and shall be interpreted, to constitute a complete statement of the city's public works construction rules and regulations. The city council declares there exists a fundamental conflict between the city's charter, ordinances, administrative rules and regulations, on the one hand, and the California Public Contract Code provisions regulating public works construction, on the other hand, both generally and specifically. This conflict infringes on the city's constitutional authority to govern its municipal affairs. The city council intends to and does hereby exempt public works construction from being subject to any provision of the California Public Contract Code, except to the extent that any such provisions may be expressly incorporated in applicable administrative procedures. Section 13. Section 33-202 of Article VIII (Public Works Construction Rules and Regulations) of Chapter 33 (Streets, Sidewalks and Public Works) of the Santa Ana Municipal Code is hereby amended to read in its entirety as follows: Sec. 33-202. Definitions. For purposes of this article, the following definitions shall apply: Construction manager shall mean an agent of the city who provides the city with professional services in the fields of technology, scheduling, ability to construct, and/or management of the fiscal aspects of a public works project. A construction manager shall be responsible for some or all of the following: (1) Overseeing a public works project through completion of construction; (2) Assumption of financial responsibility; (3) Hiring of an architect/designer, if necessary, through a qualification process consistent with procedures established pursuant to section 2-803; and/or (4) Contracting for actual construction work by award of a contract to the lowest and best bidder in conformance with section 421 422 of the city's charter. Design-build-bid shall mean a procurement process in which both the design and construction manager professional services for a public works project are procured from a single entity, while the actual construction work is awarded by the entity to the lowest and best bidder in conformance with section 421 422 of the city's charter. Professional services shall have the same meaning as in section 2-802 of this code. Public works shall have the same meaning as in California Labor Code sections 1720, 1720.2, 1720.3, and 1771 and as may be amended from time to time.