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6.A. - Page 4 of 17 <br />ORDINANCE NO. <br />ORDINANCE OF THE CITY OF REDWOOD CITY AMENDING ARTICLE VII OF <br />CHAPTER 2 OF THE CITY CODE OF REDWOOD CITY RELATING TO CITY <br />PURCHASING <br />NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF REDWOOD CITY DOES <br />ORDAIN AS FOLLOWS: <br />Section 1. The City Council makes the following findings: <br />A. The purpose of this amendment is to update and clarify the City's procedures for public <br />contracting and purchasing referred to herein as "purchasing". <br />B. As a Charter city, Redwood City may set forth its own rules for public contracting and it does <br />so through its Charter and the Redwood City Code. <br />C. The City's procedures for competitive process on public works projects are set forth in the <br />City's Charter at Section 67 and also in Article VII of Chapter 2 of the Redwood City Code. <br />D. The purpose of competitive bidding is to prevent public waste and to guard against favoritism, <br />fraud, and corruption and should be administered to accomplish such purposes fairly and <br />reasonably with sole reference to the public interest. The City requires competitive bidding for <br />public works projects and for purchasing of goods and services. In limited circumstances <br />where it appears that competitive bidding would defeat the object of ensuring economy, good <br />value, and serving the public interest, alternative contract methods should be authorized. <br />Accordingly, this ordinance authorizes certain alternative contracting methods in limited <br />instances to best serve the public interest. <br />E. "Design -build" is an alternative to the sequentially ordered tradition of "design -bid -build". <br />California's Public Contract Code (Section 22160, et seq.) recognizes "design -build" as an <br />appropriate contracting method for public work or improvements greater than One Million <br />Dollars ($1,000,000) and is generally applicable to charter cities in the absence of an express <br />exemption or conflicting charter or ordinance provision. Specifically, Redwood City Charter <br />Section 71 provides that all general laws of the State that are applicable to its municipal affairs <br />that are not in conflict with the City's Charter, ordinances, or resolutions, are applicable to the <br />City. Further, Redwood City Charter Section 67 regarding contracts does not prohibit design - <br />build contracts. <br />F. This ordinance specifically authorizes "design -build" as an alternate contracting method for <br />qualifying building construction projects, as set forth in this ordinance through incorporation <br />by reference of the state law that allows the design -build alternative contracting method. <br />Former Public Contract Code Section 20175.2 authorized the "design -build" alternative for <br />cities for projects in excess of $1,000,000. On September 30, 2014, Governor Jerry Brown <br />approved Senate Bill 785 (SB 785), which repealed certain design -build statutes, among them <br />Public Contract Code Section 20175.2. Section 20175.2 was replaced with Public Contract <br />Code Section 22160, et seq., which authorizes "Local Agency Design -Build Projects," became <br />effective January 1, 2015, and remains in effect until January 1, 2025. (Cal. Pub. Cont. Code <br />§§ 1100.7 and 20175.2 (repealed January 1, 2015), § 22160 (effective January 1, 2015)). <br />ATTY/ORD.514/PURCHASING ORDINANCE <br />REV: 03-17-2020 RL <br />Page 1 of 14 <br />7 <br />