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HomeMy WebLinkAbout1044 - Ordinance ORDINANCE NO. 1044 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA REVISING BIDDING LIMITS ON PUBLIC PROJECTS, AMENDING LABOR CODE COMPLIANCE REQUIREMENTS, AND AMENDING TITLE 3 OF THE RANCHO CUCAMONGA MUNICIPAL CODE The City Council of the City of Rancho Cucamonga does ordain as follows: A. RECITALS 1. The City has adopted a central purchasing system, which is codified in Chapter 3.08 of the Rancho Cucamonga Municipal Code ("Municipal Code") and that contains among others, provisions regarding contracts for professional services and public works. 2. It is in the public interest to amend Chapter 3.08 of the Municipal Code regarding contracts for services and public works to allow the City the greatest flexibility allowed under state law. 3. Maintenance and certain other kinds of services obtained by the City require compliance with provisions of the Labor Code, including payment of prevailing wages. Certain revisions to the City's purchasing procedures are necessary to ensure Labor Code compliance by providers of such services. 4. The Uniform Public Construction Cost Accounting Act, Public Contract Code §22000, et seq. ("UPCCAA") bidding procedures, including bid amount thresholds, for public works contracting have been adopted by the City. Those amounts are revised by the Legislature from time to time. The City Council has determined that in order provide the City with the greatest flexibility in public works contracting, it is necessary revise the City's purchasing procedures to reflect recent and future revisions to the UPCCAA. 5. All legal prerequisites to the adoption of this Resolution have occurred. B. ORDINANCE Section 1. The City Council finds that the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Section 2. Subsection B.3 of Section 3.08.070 of Chapter 3.08 of Title 3 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "3. Contracts for maintenance services, "public works" as defined in Labor Code§ 1720, and public projects, as defined in Public Contract Code § 22002, that exceed $1000, as such amount may be amended from time to time, normally require the payment of prevailing wages and compliance with Labor Code §§ 1720 through 1861." Ordinance No. 1044 - Page 1 of 4 Section 3. Section 3.08.110 of Chapter 3.08 of Title 3 of the Rancho Cucamonga Municipal Code is hereby amended to read as follows: "3.08.110. - Bidding for public projects. A. Public projects, as defined by the Public Contract Code § 22002 shall be bid, advertised, and awarded in accordance with the California Uniform Public Construction Cost Accounting Act ("UPCCAA"), as it may be amended from time to time. B. Contracts for public projects shall be awarded pursuant to the bidding limitations established by the UPCCAA: 1. Public projects at or below the amount set forth in Public Contract Code § 22032(a) may be performed by City employees by force account, by negotiated contract, or by purchase order. 2. Public projects at or below the amount set forth in Public Contract Code § 22032(b) may be let to contract by informal bidding procedures as set forth in this section. 3. Public projects exceeding the amount set forth in Public Contract Code § 22032(c) shall, except as otherwise provided by law, be let to contract by formal bidding procedures. C. Public projects shall not be split or separated into smaller work orders for the purpose of evading the requirements of the UPCCAA. D. Contractors List. The City shall comply with the requirements of Public Contract Code § 22034. E. Informal Bidding. Public projects eligible for informal bidding under the UPCCAA may be let to contract as follows: 1. A notice inviting informal bids shall be circulated using one or both of the following alternatives: a. Notices inviting informal bids may be mailed, faxes, or emailed to all contractors for the category of work to be bid, as shown on the list developed in accordance with paragraph D of this section. b. 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 § 22036 of the Public Contract Code. Additional contractors and/or construction trade journals may be notified at the discretion of the City; 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. 2. The City Manager or his or her designee is authorized to award contracts at or below the dollar limitation applicable to informal bidding. 3. If all bids received through the informal bidding process exceed the amount set in Public Contract Code §22032(b), the City Council may, by adoption of a resolution by a four-fifths vote, award the contract, at or below the amount set forth in Public Contract Code § 22034(d), if it determines the cost estimate was reasonable. Ordinance No. 1044 - Page 2 of 4 F. Formal bidding. Bidding on all public projects subject to formal bidding, shall done in accordance with the procedures set forth in Public Contract Code § 22037, et seq." Section 5. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect. Section 6. The City Clerk shall certify as to the adoption of this Ordinance. Ordinance No. 1044 - Page 3 of 4 PASSED, APPROVED, AND ADOPTED this 20'h day of August, 2025. air L. Denn s Micha-I, Ma . r ATTEST: in vy, ity Clerk STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Kim Sevy, City Clerk of the City of Rancho Cucamonga, California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 16'h day of July 2025, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 20'h day of August 2025. AYES: Hutchison, Kennedy, Michael, Scott, Stickler NOES: None ABSENT: None ABSTAINED: None Executed this 215'day of August 2025, at Rancho Cucamonga, California. ev , ity Clerk Ordinance No. 1044 - Page 4 of 4