Redding Municipal Code Ch. 4.22 Public Projects

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 the Act by adoption of Resolution No. 92-74.

(Ord. 2018 § 1 (part), 1992)

The definitions contained in Section 22002 of the Act shall apply to this chapter as if fully set forth herein.

(Ord. 2018 § 1 (part), 1992)

Public projects shall be undertaken pursuant to this chapter and the Act.

(Ord. 2018 § 1 (part), 1992)

The city shall 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.

(Ord. 2018 § 1 (part), 1992)

(Ord. No. 2487, § 4, 10-16-2012)

The following procedures shall be followed:

A. Public projects not exceeding the monetary threshold established for force account labor set forth in Public Contract Code Section 22032 may be performed by city employees by force account, negotiated contract, or purchase order.

B. Public projects not exceeding the monetary threshold established in Public Contract Code Section 22032 for informal competitive bidding procedures may be let to contract by the informal procedures as set forth in this chapter.

C. Public projects exceeding the monetary threshold established in Public Contract Code section 22032 for formal competitive bidding procedures shall, except as otherwise provided in this chapter, be let to contract by formal bidding procedures.

(Ord. 2018 § 1 (part), 1992)

(Ord. No. 2596, § 1, 12-18-2018)

It is 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.

(Ord. 2018 § 1 (part), 1992)

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 Code 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 subsection (A) of this section, and 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 certain contractors, the notice inviting informal bids may be sent exclusively to such contractors.

C. Mailing of Notice Inviting Informal Bids. The mailing of all notices to contractors and construction trade journals pursuant to subsection (B) of the section shall be completed not less than ten 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 shall award informal contracts.

F. If all bids received are less than or equal to two-hundred thousand dollars, or as that amount established by Public Contract Code section 22032 may from time to time be amended, the city manager may award the contract to the lowest responsible bidder.

(Ord. 2018 § 1 (part), 1992)

(Ord. No. 2477, § 1, 8-16-2011; Ord. No. 2625, § 11, 7-21-2020)

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 fourteen 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 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 thirty 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.

(Ord. 2018 § 1 (part), 1992)

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.

(Ord. 2018 § 1 (part), 1992)

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.

(Ord. 2018 § 1 (part), 1992)

Any person may examine any or all of the plans, specifications, or working details adopted by the city for any project.

(Ord. 2018 § 1 (part), 1992)

A. In cases of emergency when public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property, including but not limited to states of local emergency defined in Government Code Section 8558, Public Contract Code Section 20168 or 22050, the city council may make a finding that the emergency will not permit a delay resulting from a competitive solicitation for bids and that immediate action is necessary to respond to the emergency. Thereafter, the city manager shall take any directly related and immediate action required by that emergency and procure the necessary equipment, services, and supplies for those purposes without giving notice for bids to let contracts.

1. For purposes of considering an emergency pursuant to Public Contract Code Sections 20168 or 22050, a four-fifths vote of the city council is required.

2. For purposes of considering a local emergency declared pursuant to Government Code Section 8630, a majority vote of the members of the city council is required.

B. Any work authorized pursuant to this Section may be done by force account, by contract, or by a combination of the two.

C. Pursuant to Government Code Section 8630(a) and Public Contract Code Section 22050(b), as amended from time to time, the city manager is delegated the authority set forth in subdivision A of this section otherwise reserved to the city council.

1. In the event the city manager takes any action pursuant to this subdivision under the authority provided in Public Contract Code Sections 20168 or 22050, a report of the action shall be made to the city council setting forth the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation of bids and why the action is necessary to respond to the emergency. The city council shall review the action not later than seven days after the action, or at the city council's next regularly scheduled meeting, and at every regularly scheduled meeting thereafter until the action is terminated, to determine by a four-fifths vote whether there is a need to continue the action. When the city council reviews the emergency action, it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.

2. In the event the city manager takes any action pursuant to this subdivision under the authority provided in Government Code Section 8630(a), the local state of emergency shall not remain in effect for a period in excess of seven days unless it has been ratified by the city council. The city manager shall make a report to the city council consistent with the provisions of subdivision (C)(1) of this Section within seven days of declaring a state of emergency, and the city council shall determine whether to ratify the determination of the city manager. Thereafter, the city council shall review the need for continuing the local emergency at least once every thirty days until the city council terminates the local emergency.

(Ord. 2018 § 1 (part), 1992)

(Ord. No. 2569, § 1, 3-21-2017)

A. Notwithstanding anything to the contrary in this chapter and pursuant to California Public Contract Code Section 22160 et seq., the city is authorized to use design-build contracts for public works projects, as defined in Public Contract Code Section 22161(g)(1), over one million dollars with an award of contract either to the low bid or the bid representing the best value, as defined by statute or in any other situations that may be authorized by state law.

B. As required by Public Contract Code Section 22162, a design professional or other consultant who, under contract with the city, provides assistance related to the design-build procurement, including, but not limited to, preparing the documents for the request for qualifications or request for proposals documents envisioned in Public Contract Code Section 22164 shall be prohibited from participating with the design-build entity.

C. The city is further authorized to enter into renewable energy and energy efficiency projects, pursuant to California Government Code Section 4217 et seq., or California Public Utilities Code Section 388 et seq.

(Ord. No. 2595, § 1, 12-18-2018)