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Home My WebLink About2018 - Amending Title 4 of the Redding Municipal Code 411 411 ! • ORDINANCE NO. 20/1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING AMENDING TITLE 4 OF THE REDDING MUNICIPAL CODE BY ADDING CHAPTER 4.22, PUBLIC PROJECTS; AND AMENDING SECTIONS 4.20.120/130/160. The City Council of the City of Redding does hereby ordain that Title 4, REVENUE AND FINANCE, of the Redding Municipal Code is hereby amended as follows: Section 1. By adding a new Chapter 4. 22 as follows: Chapter 4.22 PUBLIC PROJECTS Sections: 4. 22 .010 State Act 4 .22 . 020 Definitions 4 .22. 030 Procedures 4 .22. 040 Uniform Construction Cost Accounting Procedures; Bidding Procedures Under the Act 4 .22 . 050 Contracting Procedures; Dollar-Amount Limitations 4.22 . 060 Separation of Work Orders or Projects 4 .22 . 070 Informal Bidding Procedures 4.22. 080 Formal Bidding 4 . 22 . 090 Rejection of Bids; Failure to Receive Bids; Option 4 .22 . 100 Adoption of Plans, Specifications, and Working Details 4 .22 . 110 Examination of Plans, Specifications, and Working Details 4.22. 120 Emergencies. 4.22.010 State Act. It is the intent of this Chapter to implement the provisions of the Uniform Public Construction Cost Accounting Act as found in the Public Contract Code of the State of California at Section 22000 et seq. (Act) , as it may from time-to-time be amended; the City having elected to be subject to the accounting procedures of O the Act by adoption of Resolution No. 92-74. 0 110 4.22.020 Definitions. The definitions contained in Section 22002 of the Act shall apply to this Chapter as if fully set forth herein. 4.22.030 Procedures. Public projects shall be undertaken pursuant to this Chapter and the Act. 4.22.040 Uniform Construction Cost Accounting Procedures; Bidding Procedures Under the Act. The City may utilize the bidding procedures set forth in Article 3 of the Public Contract Code (commencing with Section 22030) when contracting for "maintenance work" as defined in Section 22002 of the Act, or when contracting for any other work which does not fall within the definition of "public project" as defined in Section 22002 of the Act. 4.22.050 Contracting Procedures; Dollar-Amount Limitations. The following procedures shall be followed: A. Public projects of $25,000 or less, or as that amount may from time-to-time be amended, may be performed by City employees, by force account, negotiated contract, or purchase order. B. Public projects as defined in the Act of $75,000 or less, or as that amount may from time-to-time be amended, may be let to contract by informal procedures as set forth in this Chapter. C. Public projects of more than $75,000, or as that amount may from time-to-time be amended, shall, except as otherwise provided in this Chapter, be let to contract by formal bidding procedures. 4.22.060 Separation of Work Orders or Projects. It shall be unlawful to split or separate any project into smaller work orders or projects for the purpose of evading the provisions of the Act requiring work to be done by contract after competitive bidding. /// 2 411 4.22.070 Informal Bidding Procedures. The following represents the informal bidding procedures to be followed: A. Contractor List. A list of contractors shall be developed and maintained in accordance with the provisions of Section 22034 of the Act, and criteria promulgated from time-to-time by the California Uniform Construction Cost Accounting Commission (Commission) . B. Notice Inviting Informal Bids. Where a public project is to be performed which is subject to the provisions of this Chapter, a notice inviting informal bids shall be mailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 4 . 22. 070 A, and to all construction trade journals as specified by the Commission in accordance with Section 22036 of the Act. Additional contractors and/or construction trade journals may be noticed at the discretion of the City; provided, however: 1. if there is no list of qualified contractors maintained by the City for the particular category of work to be performed, the notice inviting bids shall be sent only to the construction trade journals specified by the Commission. 2. if the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors. C. Mailing of Notice Inviting Informal Bids. The mailing of all notices to contractors and construction trade journals pursuant to Section 4. 22.070 B. shall be completed not less than 10 calendar days before bids are due. D. Content of Notice Inviting Informal Bids. 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. E. Award of Contracts. The City Manager, or in his absence the Assistant City Manager, is authorized to award informal contracts. F. If all bids received are in excess of $75,000, or as that amount may from time-to-time be amended, the City Council may, by passage of a resolution by a four-fifths vote, award 3 4 the contract, at $80 , 000 or less, to the lowest responsible bidder if Council determines that the cost estimate of the City was reasonable. 4.22.080 Formal Bidding. A. Notice inviting formal bids shall be mailed shall state the time and place for the receiving and opening of sealed bids, and distinctly describe the project. The notice shall be published at least 14 calendar days before the date of opening the bids in a newspaper of general circulation, printed and published within the jurisdiction of the City. If no newspaper is circulated within the City, publication shall be by posting the notice in at least three locations within the City which have been designated by ordinance or regulation of the City as places for the posting of its notices. B. The notice inviting formal bids shall also be mailed to all construction trade journals as specified by the Commission. The notice shall be mailed at least 30 calendar days before the date of opening the bids. In addition to notice required by this section, the City may give such other notice as it deems proper. 4.22.090 Rejection of Bids; Failure to Receive Bids; Option. A. In its discretion, the City may reject any bid presented. If, after the first invitation of bids is rejected, and after reevaluating its cost estimates of the project, the City shall have the option of either: 1. abandoning the project, or readvertising for bids in the manner described in the Act; OR 2. by passage of a Resolution by a four-fifths vote of the City Council, declaring that the project can be performed more economically by City employees, and that the project may be done by force account without further complying with the Act. B. If a contract is awarded, it shall be awarded to the lowest responsible bidder. If two or more bids are the same and the lowest, the City Council may accept the one it chooses. C. If no bids are received through the formal or informal procedures, the project may be performed by City employees by force account, or negotiated contract, without further complying with the Act. 4 • • 4.22.100 Adoption of Plans, Specifications, and Working Details. City Council shall adopt plans, specifications, and working details for all public projects exceeding the amount specified in Section 22032 (c) of the Public Contracts Code. 4.22.110 Examination of Plans, Specifications, and Working Details. Any person may examine any or all of the plans, specifications, or working details adopted by the City for any project. 4.22.120 Emergencies. A. In cases of great emergency as determined by the City Council, including but not limited to states of emergency defined in Section 8558 of the Government Code, when repair or replacements are necessary to permit the continued conduct of the operation or services of the City, or to avoid danger to life or property, the City Council may, by majority vote, proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. B. The work may be done by day-labor under the direction of the City Council, by contract, or by a combination of the two. C. The City Council may, by majority vote, delegate to the City Manager the power to declare a public emergency, subject to confirmation by the City Council by a four-fifths vote at its next meeting. Section 2. By amending the first paragraph of Section 4. 20 . 120, and adding subsection H. 5 . thereto, as follows: 4.20.120 Formal Contract Procedures. Except as otherwise provided in this chapter, purchases and contracts for supplies, services, equipment, and the sale of personal property of estimated value greater than $25,000 shall be by written contract with the lowest responsible bidder, pursuant to the procedures prescribed in this section. [The remainder of the section remains intact, with the following paragraph H.5. added. ] 5 411 • H. 5. When, at the request of the City Manager, and upon approval thereof by the City Council, goods or services are proposed to be procured which do not constitute public works projects. Section 3 . By amending the first paragraph of Section 4.20 . 130, as follows: 4.20.130 Open Market Purchasing Procedure. Purchases of supplies, equipment, contractual services, and the sales of personal property of an estimated value in the amount of $25, 000 or less may be made by the purchasing officer in the open market without observing the procedures prescribed by Section 4.20. 120 . [The remainder of the section remains intact. ] Section 4 . By amending Section 4. 20 .160 B. , as follows: 4.20.160 Unlawful Purchases Designated. B. It is unlawful for any department to split its requirements for supplies, materials, equipment, and contractual services into estimated amounts of less than $25, 000 in order to evade the provisions of Sections 4. 20 . 120 and 4. 20 .130 . [Section 4.20.160 A. remains intact. ] Section 5. It has been determined that this matter is categorically exempt from the provisions of the California Environmental Quality Act. Section 6 . The City Clerk shall certify to the adoption of this Ordinance and cause its publication according to law. I HEREBY CERTIFY that the foregoing Ordinance was introduced and read at a regular meeting of the City Council of the City of 6 III Redding on the 16th day of June , 1992 , and was duly read and adopted on the 7thday of July , 1992, at a regular meeting of the City Council by the following vote: AYES: COUNCIL MEMBERS: Anderson, Arness, Dalh, Kehoe & Moss NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None (-_—_ _c---_:-741-- --% CHARLIE MOSS, Mayor City of Redding AT '' ST: , , CONNIE STROHMAYER, /ty Clerk FORM PROL )/ / 41 RANDALL . HAYS, City Attorney 7