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HomeMy WebLinkAboutAgenda Report - March 16, 2022 H-03CITY OF r �s 0 Z CALIFORNIA AGENDA ITEM W643 COUNCIL COMMUNICATION AGENDA TITLE: Introduce Ordinance Amending Lodi Municipal Code Chapter 3.20 "Purchasing System," by Repealing and Reenacting Section 3.20.105 "Public Works Projects - Informal Bid Procedures" MEETING DATE: March 16, 2022 PREPARED BY: Public Works Director RECOMMENDED ACTION Introduce ordinance amending Lodi Municipal Code Chapter 3.20 "Purchasing System," by repealing and reenacting Section 3.20.105 "Public Works Projects - Informal Bid Procedures". BACKGROUND INFORMATION: At its meeting on April 7, 2021, City Council adopted Resolution No. 2021-89, subjecting the City to the California Uniform Public Construction Cost Accounting Act (Public Contract Code §§ 22000 of seq. referred to as "CUPCCAA"). When constructing public projects, the City must follow the State Public Contract Code. The City's Municipal Code currently requires that any public project in excess of $20,000 be publicly bid, follow the formal contract procedures, and be awarded to the lowest responsible bidder. Public Works projects in excess of $5,000 must also be publicly bid pursuant to the Public Contracts Code. The CUPCCAA was created in 1983 as an alternative bidding procedure designed to reduce costs, expedite the award process, and simplify the administration of smaller public projects. CUPCCAA provides for the following alternative bidding procedures for a Public Works project: • Public projects of $60,000 or less may be performed by a negotiated contract or by purchase order; • Public projects of $200,000 or less may be awarded by the informal bidding procedures set forth in the CUPCCAA; and • Public projects of more than $200,000 must be awarded by formal bidding procedures. The contracting limits in CUPCCAA are modified from time to time by the California Uniform Construction Cost Accounting Commission. In order for the City to implement the CUPCCAA, an ordinance amending Chapter 3.20, "Purchasing System" is needed to add a section for informal bidding procedures. Staff has reviewed the City's existing Lodi Municipal Code and revised Title 3 to amend Section 3.20.105 that will provide informal bidding procedures for a Public Works project that complies with the CUPCCAA APPROVED: Steve Schwabauer Stephen Schwabauer, City Manager \\cvcfilv02\pubwks$\WP\COUNCIL\2022\CC_ CUPCCAA Ordinance NEW FORMAT.doc.docx 3/2/2022 Introduce Ordinance Amending Lodi Municipal Code Chapter 3.20 "Purchasing System," by Repealing and Reenacting Section 3.20.105 "Public Works Projects - Informal Bid Procedures" March 16, 2022 Page 2 requirements. The informal bidding procedure involves noticing either by inviting a developed list of contractors for the category of work to be bid or by noticing all construction trade journals in accordance with section 22036 of the Public Contract Code. Staff recommends City Council introduce the ordinance amending Lodi Municipal Code Chapter 3.20 "Purchasing System" by repealing and reenacting Section 3.20.105 "Public Works Projects - Informal Bid Procedures". FISCAL IMPACT: Adopting this ordinance is expected to reduce staff time associated with delivering smaller Public Works projects and will expedite project award. FUNDING AVAILABLE: Not applicable. Charles E. Swimley, Jr. Public Works Director CES/RAY/cd ORDINANCE NO. AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 3 – REVENUE AND FINANCE, CHAPTER 3.20 – PURCHASING SYSTEM BY REPEALING AND REENACTING SECTION 3.20.105 PUBLIC WORKS PROJECTS IN ITS ENTIRETY TO PROVIDE INFORMAL BIDDING PROCEDURES UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. The Lodi Municipal Code Chapter 3.20 Purchasing System Section title list is repealed and reenacted in its entirety to read as follows: Chapter 3.20 - PURCHASING SYSTEM 3.20.010 - Purpose. 3.20.015 - Definitions. 3.20.020 - Purchasing officer—Established. 3.20.030 - Purchasing officer—Powers. 3.20.040 - Delegation of purchasing authority. 3.20.045 - State and local agency contracts. 3.20.060 - Requisitions. 3.20.070 - Bidding. 3.20.075 - Professional/technical services contracts. 3.20.076 - Contract authority. 3.20.077 - Electronic hardware and software. 3.20.080 - Purchase orders. 3.20.085 - Professional services agreements. 3.20.090 - Use of unencumbered funds required. 3.20.095 - State and federal grants. 3.20.100 - Formal contract procedure. 3.20.105 - Public works projects — Informal Bidding Procedures. 3.20.106 - Local hire policy and apprenticeship. 3.20.110 - Open market procedure. 3.20.115 - Split transactions. 3.20.120 - Inspection and testing of purchases. 3.20.130 - Vehicle purchases and disposition exemption. 3.20.135 - Procurement cards. 3.20.140 - Restrictions. 3.20.150 - Penalty for violation. SECTION 2. Lodi Municipal Code Chapter 3.20 Purchasing System, Section 3.20.105 "Public works projects." is repealed and reenacted in its entirety to read as follows: 3.20.105 - Public works projects – Informal Bidding Procedures. This Section is added to the Lodi Municipal Code to provide as follows: A. Informal Bid Procedures. Public oroiects, as defined by the Public Construction Cost Accounting Act Public Contract Code 22000 et se and in accordance with the limits listed in Section 22032 of the Public Contract Code may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code. B. Contractor's List. The agency shall comr)ly_ with the requirements of Public Contract Code Section 22034. C. Notice Inviting Informal Bids. Where a public project is to be performed which is submect to the provisions of this Ordinance, a notice inviting informal bids shall be circulated using one or both of the following alternatives: 1. Notices inviting informal bids may be mailed faxed, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 3.20.105 (B). 2. Notices inviting informal bids maL be mailed to all construction trade moumals as s e6fied by the California Uniform Construction Cost Accounting Commission in accordance with section 22036 of the Public Contract Code. Additional contractors and/or construction trade iournals may be notified at the discretion of the department/agency soliciting bids rovided however: 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. SECTION 3. No conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 4. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care toward persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. Section 6. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this _ day of , 2021 Mark Chandler Mayor Attest PAMELA M. FARRIS Assistant City Clerk State of California County of San Joaquin, ss. I, Pamela M. Farris, Assistant City Clerk of the City of Lodi, do hereby certify that Ordinance No. was introduced at a regular meeting of the City Council of the City of Lodi held and was therefore passed, adopted, and ordered to print at a regular meeting of said Council held , 2022, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN. COUNCIL MEMBERS — 2022 - Approved as to Form: JANICE D. MAGDICH City Attorney /'L KL Signature: Email: klucchesi@lodi.gov PAMELA M. FARRIS Assistant City Clerk Please immediately con f irin receipt of this fax by calling 333-6702 CITY OF LODI P. O. BOX 3006 LODI, CALIFORNIA 95241-1910 ADVERTISING INSTRUCTIONS SUBJECT: SUMMARY OF ORDINANCE NO. 1994 AND NO. 1995 PUBLISH DATE: SATURDAY, MARCH 19, 2022 TEAR SHEETS WANTED: One (1) please SEND AFFIDAVIT AND BILL TO: PAMELA M. FARRIS, ASSISTANT CITY CLERK LNS ACCT. #5100152 City of Lodi P.O. Box 3006 Lodi, CA 95241-1910 DATED: THURSDAY, MARCH 17, 2022 ORDERED BY: PAMELA M. FARRIS ASSISTANT CITY CLERK PAMELA M. FARRIS e v KAYLEE CLAYTON ASSISTANT CITY CLERK ADMINISTRATIVE CLERK SEND PROOF OFADVERTISEMENT. THANK YOU11 Emailed to the Sentinel at legals@lodinews.com at '7141 Burne) on 3117/,20, (date) \\cvc£Iv01\administration$\Administration\CLERK\OrdSummaries\Advi ns. doe CITY OF LODI ORDINANCE NO. 1994 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 13 — PUBLIC SERVICES — BY REPEALING AND REENACTING CHAPTER 13.16, "SOLID WASTE," IN ITS ENTIRETY. The purpose of this ordinance is to mandate generators, collectors, and other entities change the manner in which organic waste is collected, managed, and processed, in order for the City to be in compliance with Senate Bill 1383. Introduced March 2, 2022. Adopted March 16, 2022 and effective April 15, 2022. AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. ORDINANCE NO. 1995 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 3 — REVENUE AND FINANCE — CHAPTER 3.20, "PURCHASING SYSTEM," BY REPEALING AND REENACTING SECTION 3.20.105, "PUBLIC WORKS PROJECTS," IN ITS ENTIRETY TO PROVIDE INFORMAL BIDDING PROCEDURES UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT. The purpose of this ordinance is to provide informal bidder procedures for Public Works projects that comply with the California Uniform Construction Cost Accounting Commission. Introduced March 16, 2022. Adoption to be considered April 6, 2022. AYES: Hothi, Khan, Kuehne, Nakanishi, and Mayor Chandler; NOES: None; ABSENT: None. Pamela M. Farris, Assistant City Clerk City of Lodi March 16, 2022 y Certified copies of the full text of these ordinances are available in the office of the Lodi City Clerk. DECLARATION OF POSTING ORDINANCE NO. 1995 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 3 — REVENUE AND FINANCE — CHAPTER 3.20, "PURCHASING SYSTEM," BY REPEALING AND REENACTING SECTION 3.20.105, "PUBLIC WORKS PROJECTS," IN ITS ENTIRETY TO PROVIDE INFORMAL BIDDING PROCEDURES UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT On Thursday, March 17, 2022, in the City of Lodi, San Joaquin County, California, a certified copy of Ordinance No. 1995 (attached hereto, marked Exhibit "A") was posted in the Lodi City Clerk's Office. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 17, 2022, at Lodi, California. Pamela M. Farris Assistant City Clerk ordsummaries\aaDecPost. doc ORDERED BY: PAMELA M. FARRIS ASSISTANT CITY CLERK Kaylee Clayton Administrative Clerk EXHa- I B rA] ORDINANCE NO. 1995 AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING LODI MUNICIPAL CODE TITLE 3 – REVENUE AND FINANCE – CHAPTER 3.20, "PURCHASING SYSTEM," BY REPEALING AND REENACTING SECTION 3.20.105, "PUBLIC WORKS PROJECTS," IN ITS ENTIRETY TO PROVIDE INFORMAL BIDDING PROCEDURES UNDER THE UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT BE IT ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS: SECTION 1. The Lodi Municipal Code Chapter 3.20 Purchasing System Section title list is repealed and reenacted in its entirety to read as follows: Chapter 3.20 - PURCHASING SYSTEM 3.20.010 - Purpose. 3.20.015 - Definitions. 3.20.020 - Purchasing officer—Established. 3.20.030 - Purchasing officer—Powers. 3.20.040 - Delegation of purchasing authority. 3.20.045 - State and local agency contracts. 3.20.060 - Requisitions. 3.20.070 - Bidding. 3.20.075 - Professional/technical services contracts. 3.20.076 - Contract authority. 3.20.077 - Electronic hardware and software. 3.20.080 - Purchase orders. 3.20.085 - Professional services agreements. 3.20.090 - Use of unencumbered funds required. 3.20.095 - State and federal grants. 3.20.100 - Formal contract procedure. 3.20.105 - Public works projects – Informal Bidding Procedures. 3.20.106 - Local hire policy and apprenticeship. 3.20.110 - Open market procedure. 3.20.115 - Split transactions. 3.20.120 - Inspection and testing of purchases. 3.20.130 - Vehicle purchases and disposition exemption. 3.20.135 - Procurement cards. 3.20.140 - Restrictions. 3.20.150 - Penalty for violation. SECTION 2. Lodi Municipal Code Chapter 3.20 Purchasing System, Section 3.20.105 "Public works projects." is repealed and reenacted in its entirety to read as follows: 3.20.105 - Public works projects – Informal Bidding Procedures. This Section is added to the Lodi Municipal Code to provide as follows: A. Informal Bid Procedures. Public projects, as defined by the Public Construction Cost Accounting Act (Public Contract Code §§ 22000, et seq.) and in accordance with the limits listed in Section 22032 of the Public Contract Code, may be let to contract by informal procedures as set forth in Section 22032, et seq., of the Public Contract Code. B. Contractor's List. The agency shall comply with the requirements of Public Contract Code Section 22034. C. Notice Inviting Informal Bids. Where a public project is to be performed which is subject to the provisions of this Ordinance, a notice inviting informal bids shall be circulated using one or both of the following alternatives: Notices inviting informal bids may be mailed, faxed, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with Section 3.20.105 (B). 2. Notices inviting informal bids may be mailed to all construction trade journals as specified by the California Uniform Construction Cost Accounting Commission in accordance with section 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the department/agency soliciting bids, provided however: 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. SECTION 3. No conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist. SECTION 4. No Mandator Duty -of Care. This ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care toward persons or property within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise imposed by law. SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of this ordinance are severable. The City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof. Section 6. Effective Date and Publication. This Ordinance shall take effect thirty (30) days after its adoption. In lieu of publication of the full text of the Ordinance within fifteen (15) days after its passage, a summary of the Ordinance may be published at least five (5) days prior to and fifteen (15) days after adoption by the City Council, and a certified copy shall be posted in the office of the City Clerk pursuant to Government Code section 36933(c)(1). Approved this _ day of , 2022 Mark Chandler Mayor 2 Attest: PAMELA M. FARRIS Assistant City Clerk State of California County of San Joaquin, ss. I, Pamela M. Farris, Assistant City Clerk of the City of Lodi, do hereby certify that Ordinance No. 1995 was introduced at a regular meeting of the City Council of the City of Lodi held March 16, 2022, and was therefore passed, adopted, and ordered to print at a regular meeting of said Council held , 2022, by the following vote: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — PAMELA M. FARRIS Assistant City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney