HomeMy WebLinkAboutOrdinances_2777_CCv0001.pdf ORDINANCE NO. 2777
AN ORDINANCE OF THE CITY OF REDLANDS AMENDING CHAPTER 2.16
OF THE REDLANDS MUNICIPAL CODE RELATING TO COMPETITIVE
BIDDING AND BUSINESS PREFERENCES FOR PUBLIC PROJECTS
WHEREAS, the Uniform Public Construction Cost Accounting Act (the "Act") was
enacted in 1983 under Public Contract Code Section 22000 et seq. to allow local agencies to
perform public project work of up to $30,000 with their own work forces if the agencies elect to
follow the Cost Accounting Policies and Procedures Manual of the California Uniform
Construction Cost Accounting Commission; and
WHEREAS, the City of Redlands has voluntarily elected to become a participating
agency under the Act and has codified the informal bidding provisions of the Act in Chapter 2.16
of the Redlands Municipal Code; and
WHEREAS, Assembly Bill No. 720 (2011) became effective January 1, 2012 and
amended the provisions of the Act to increase the dollar threshold requirement for informal
bidding from$30,000 to $45,000;and
WHEREAS, it is the desire of the City Council of the City of Redlands to continue to
take advantage of the benefits resulting from the raised force account limits of the Act,including
the new limit of$45,000 established by Assembly Bill No. 720 (2011), and the informal bidding
procedures of the Act;
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS
FOLLOWS:
Section 1. Section 2.16.140 of the Redlands Municipal Code,entitled"Public Projects,"
is hereby amended to read as follows:
"2,16.140: Public Projects: Procurement for public projects shall be made in accordance
with the uniform public construction cost accounting act.
A. A "public project" is defined in Public Contract Code section 22002 as any of the
following:
1. Construction,reconstruction,erection,alteration,renovation,improvement,
demolition and repair work involving any publicly owned, leased,or operated facility;
2. Painting or repainting of any publicly owned, leased or operated facility;
3. In the case of a publicly owned utility system, "public project" shall include only
the construction,erection, improvement or repair of dams,reservoirs,power plants,and
electrical transmission lines of two hundred thirty thousand(230,000)volts and higher.
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B. "Public projects" do not include maintenance work. For purposes of this section,
"maintenance work" includes all of the following:
1. Routine,recurring and usual work for the preservation or protection of any
publicly owned or publicly operated facility for its intended purposes;
2. Minor repairing;
3. Resurfacing of streets and highways at less than one inch(I
4. Landscape maintenance, including mowing, watering,trimming,pruning,planting,
placement of plants and servicing of irrigation and sprinkler systems;
5. Work performed to keep,operate,and maintain publicly owned water,power or
waste disposal systems,including,but not limited to, dams,reservoirs,power plants,and
electrical transmission lines of two hundred thirty thousand(230,000)volts and higher.
C. The contracting procedures and the dollar limits set forth in Public Contract Code
section 22032 are as follows:
1. Public projects of forty-five thousand dollars($45,000.00)or less may be
performed by the employees of the city by force account, by negotiated contract or by purchase
order.
2. Public projects having a contract value greater than forty-five thousand dollars
($45,000.00)and up to one hundred seventy five thousand dollars($175,000.00)may be let to
contract by informal bidding procedures as set forth in the uniform public construction cost
accounting act and as follows:
a. Contractors List: A list of qualified contractors shall be developed and
maintained by those city departments undertaking public projects in accordance with the
provisions of section 22034 of the Public Contract Code and any applicable criteria promulgated,
from time to time,by the California uniform construction cost accounting commission.
b. Notice Inviting Informal Bids: When a public project is to be undertaken
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 city's list of qualified
contractors and to all construction trade journals as specified by the California uniform
construction cost accounting commission in accordance with sections 22036 of the Public
Contract Code.Additional contractors and/or construction trade journals may be notified at the
discretion of the city department responsible for undertaking the public project and soliciting
bids,provided,however:
(1) If there is not a list of qualified contractors maintained by the city for the
particular category of work to be performed,the notice inviting bids for the public project shall
be sent only to the construction trade journals specified by the commission.
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(2) If the product or service comprising the public project is proprietary in
nature such that it may be obtained only from a certain contractor or contractors,the notice
inviting informal bids for the public project may be sent exclusively to such contractor or
contractors.
3. If all bids received through the informal bidding process are in excess of one
hundred seventy five thousand dollars($175,000), the city council may,by adoption of a
resolution by a four-fifffis vote,award the contract, at one hundred eighty seven thousand five
hundred dollars{$187,500)or less,to the lowest responsible bidder, if the city council
determines the cost estimate for the public project originally made by the city was reasonable.
4. Public projects having a contract value of more than one hundred seventy five
thousand dollars($175,000.00) shall,except as otherwise provided in the uniform public
construction cost accounting act,be let to contract by formal bidding procedures.
5. Award of purchase orders or contracts for public projects shall be as follows:
a. Forty-five thousand dollars($45,000.00)or less: Award shall be made by the
purchasing agent in the best interests of the city;
b. Greater than forty-five thousand dollars($45,000.00)up to fifty thousand
dollars($50,000.00): Award shall be made by the city manager to the lowest responsible bidder,
pursuant to public projects informal bidding procedures;
c. Greater than fifty thousand dollars($50,000.00)up to one hundred seventy five
thousand dollars($175,000.00): Award shall be made by the city council to the lowest
responsible bidder,pursuant to public projects informal bidding procedures;
d. Greater than one hundred seventy five thousand dollars($175,000.00): Award
shall be made by the city council to the lowest responsible bidder pursuant to public projects
formal bidding procedures.
D. Each year,on a quarterly basis,the purchasing agent and the city manager shall
prepare and provide to the city council a summary report of contracts awarded during such
quarter pursuant to subsections C4a,and CO of this section."
Section 2. Section 2.16.2 10 of the Redlands Municipal Code,entitled"Business
Preferences,"is hereby amended to read as follows:
'42.16.210: Business Preferences: In administration of competitive procurement pursuant
to this chapter,the purchasing agent shall be authorized to give such preferences for goods,
equipment,services or construction as general law cities are permitted or required to give by
applicable state or federal law,or as provided for in this chapter.
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percent(I%)sales tax which would be returned to the city as a result of the bid award. For
procurement where sales tax would not be generated as a result of the bid award and where the
quality and price are equal to another bidder or bidders,the local vendor may be given the bid
award.
G. Recycled Goods: Whenever practicable, all city departments shall use recycled
content products and recycled materials to meet their needs and the city shall require its
contractors and consultants to use recycled content products in fulfilling contractual obligations
whenever practicable. All other considerations being equal,preference shall be given to the
purchase of products with the highest postconsumer content. The following requirements are to
be followed by the purchasing office and city staff in the procurement of recycled goods:
1. City staff shall identify the recycled content products available and the vendors
from whom such products are available for purchase and provide the information to the
purchasing agent
2. From the information provided by city staff,the purchasing agent shall establish a
list of recycled products for purchase by all departments when practicable and shall review
purchase requests to encourage substitution of recycled products when practicable. The list shall
be reviewed and updated periodically as additional products become available.
3. The purchasing agent shall develop standard specifications based on existing
databases available through recognized and accepted sources (e.g.,EPA,CIWMB,etc.)to assist
departments m idenWng and purchasing recycled products, including the development of
minimum recycled content standards. Minimum content standards shall be reviewed and updated
periodically.
4. The purchasing agent shall maintain a database to track the procurement of
recycled content products and shall compile, in coordination with the city department responsible
for such activities,an annual report quantifying the City's use of recycled content products for
the purpose of determining compliance with state law requirements."
Section 3. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it,or a summary of it,to be published once in the
Redlands Daily Facts,a newspaper of general circulation within the City,and thereafter,this
ordinance shall take effect as provided by law.
A A
Pete Aguilar,Mayor
ATTEST:
Sam C erk
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1, Sam Irwin,City Clerk,City of Redlands,hereby certify that the foregoing Ordinance was duty
adopted by the City Council at the regular meeting thereof,held on the 19th day of June 2012,by
the following vote:
AYES: Councilmembers Harrison, Bean, Foster,Gardner, Mayor Aguilar
NOES: None
ABSENT: None
ABSTAIN: None
Sam Irwin, City WAT
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