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Home My Public Portal About2015.165 (09-15-15)i IC I � C 91 _i l l Fri f* t A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING ADJUSTMENTS TO THE BID LIMITS FOR PUBLIC CONTRACTS PURSUANT TO 6- 6.14 OF THE LYNWOOD MUNICIPAL CODE WHEREAS, existing California Public Contract Code establishes procedures for local agencies to follow when engaged in public works projects; and. WHEREAS, the City Council has elected to subject the City to the Uniform Public Construction Cost Accounting Act (Cal. Pub. Con. Code Section 22000 et seq.); and WHEREAS, pursuant to Public Contracts Section 22020, the dollar amounts specified in various provisions of the Section are - subject to periodic adjustment by the California Uniform Construction Cost Accounting Commission; and WHEREAS, the increased dollar amount limits set forth under the existing Sections 22031, 22032 and 22034 of the Public Contracts Code provides the City economic benefits and greater freedom in expending public works projects; and WHEREAS, Assembly Bill No, 270 which was approved by the Governor on October 9, 2011 amended Sections 22031, 22032, and 22034 of the Public Contract Code, relating to public contracts; and WHEREAS, on April 25, 20,11, the California State Controller issued a notification that the informal bid limit prescribed under Section 22032 of the Public Contract Code will be increased to $175,000 effective for the fiscal year beginning July 1, 2011; and WHEREAS, the increase is pursuant to the terms of the Uniform Public Construction Cost Accounting Act (Act) and is at the recommendation of the California Uniform Construction Cost Accounting Commission (CUCCAC); and WHEREAS, Section 6 -6.14 of the Lynwood Municipal Code allows the City Council to make new dollar amounts applicable to the City by adopting a resolution or passing an ordinance amending the affected provisions of Section 6 -6 of the Lynwood Municipal Code. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY. RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the City Council approves the adjustment to the dollar amount limitations contained in Section 6 -6.3 of the Lynwood Municipal Code as follows: a. Public projects of forty -five thousand dollars ($45,000) or less, for which appropriations have been approved by the city council, may be performed by force account, by negotiated contract, or by purchase order. The director of environmental services is authorized to determine how and by whom the project shall be performed and the city manager is authorized to execute any contract or purchase order for the project. b. Public projects from forty -five thousand dollars one cent ($45,000.01) to one hundred seventy -five thousand dollars ($175,000) shall be contracted for pursuant to the informal bidding procedures contained in subsection 6 -6.6 of the Lynwood Municipal Code. ' c. Public projects of more than one hundred seventy -five thousand dollars ($175,000.00) shall be contracted for pursuant to the formal bidding procedures contained in subsection 6 -6.7 of the Lynwood Municipal Code. d. All contracts governed by this section shall be in a form approved by the city attorney. Section 2. That the City Council approves the adjustment to the dollar amount limitations contained in Section 6 -6.6 of the Lynwood Municipal Code, Informal Bidding Procedures as follows: a. When the city intends to contract for a public project from forty -five thousand dollars: one cent ($45,000.01) to one hundred seventy -five thousand dollars ($175,000), the director of public works or his designee shall mail a notice inviting informal bids to all contractors on the list for the category of work being bid, to all construction trade journals on the list, and to such other contractors and trade journals as may be requested by the city staff in charge of the project. However, if a project or service essential to the project is proprietary and can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent only to such contractor or contractors. b. All mailing of notices inviting informal bids shall be completed not less than ten (10) calendar days before bids are due. c. The notice inviting informal bids shall describe the project in general terms and how to obtain more detailed information about the project, and shall state the time and place for the submittal of bids d. The city council delegates the authority to award and execute contracts for public projects of one hundred seventy -five thousand dollars ($175,000) or less which are let by the informal bidding procedures specified herein to the city manager upon the recommendation of the director of public works. In awarding such contracts the city manager shall exercise prudent judgment in determining the lowest responsible 2 bidder, utilizing the criteria specified in subsection 6 -6.9 of the Lynwood Municipal Code. e. If all bids received are in excess of one, hundred seventy -five thousand dollars ($175,000), the city council may, by adoption of a resolution by a four -fifths (4/5) vote of its membership, 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 that the city's original cost estimate for the project. was reasonable. f. If no bids are received, the, project may be performed by negotiated contract or by city employees by force account. "No bids" means that no bids at all were received or that no bids that conform to the city's specifications were received or that no bids that conformed to the city's specifications were submitted by a responsible bidder. Section 3. That the City Council approves the adjustment to the dollar amount limitations contained in Section 6 -6.7 of the Lynwood Municipal Code, Formal Bidding Procedures as follows: a. The city council shall adopt plans, specifications and working details for all public projects exceeding one hundred seventy -five thousand dollars ($175,000). Any person may examine the plans, specifications or working details adopted for such projects. b. When the city is to. contract for a public project of more than one hundred seventy - five thousand dollars ($175,000), the director of public works shall prepare a notice inviting formal bids, which shall distinctly describe the project and state the time and place for receiving and opening sealed bids. Section 4. That this Resolution shall take effect immediately upon its adoption. PASSED, APPROVED and ADOPTED this 15th day of September, 2015. ATTEST: 3 I e �L � is Solache, M yor APPROVED AS TO FORM: ) ��IA G'A in David A. Garcia, City Attorney APPROVED AS TO CONTENT: aA7�-� I:-_- J. Arnoldo Beltran, City Manager William E. Stracker, P.E Public Works Director /City Engineer [THIS SPACE INTENTIONALLY LEFT BLANK] 0 r- STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 15th day of September, 2015. AYES: COUNCIL MEMBERS ALATORRE, CASTRO, HERNANDEZ, SANTILLAN -BEAS AND SOLACHE NOES: NONE ABSENT: NONE ABSTAIN: NONE STATE OF CALIFORNIA ) SS. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Resolution No. 2015.165 on file in my office and that said Resolution was adopted on the date and by the vote therein stated. Dated this 15th day of September, 2015. M