HomeMy Public PortalAboutOrd. 1754ORDINANCE NO. 1754
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD
AMENDING CHAPTER 6, SUBSECTION 6-6 OF THE LYNWOOD
MUNICIPAL CODE
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6 Subsection 6-6 of the Lynwood Municipal Code is hereby
amended in its entirety and restated to read as follows:
6-6
CONTRACTS FOR PUBLIC WORKS PROJECTS:
6-6.1 Public Works Projects; Uniform Public Construction Cost Accounting Act:
The city council has elected to subject the City to the Uniform Public Construction Cost
Accounting Act in the performance of and contracting for public projects. The procedures
contained in this section are intended to implement and be consistent with such act. (Ord.
#1571, §4)
6-6.2 Definitions:
For purposes of this section, the following words shall have the following meanings:
Facility shall mean any of the following:
a. Any plant, building, structure, ground facility, real property, street, highway or other public
works improvement;
b. Any utility system owned by the city, subject to the limitations found in subsection c of the
definition of "public project" in this section.
Force account shall mean work performed on public projects using internal City resources,
including, but not limited to, labor, equipment, materials, supplies and subcontracts of the City.
Maintenance work shall mean any of the following:
a. Routine, recurring and usual work for the preservation or protection of any facility owned or
operated by the City for its intended purposes;
b. Minor repainting;
c. Resurfacing at less than one inch (I") deep of streets and highways;
d. Landscape maintenance, including mowing, watering, trimming, pruning, planting,
replacement of plants and servicing of irrigation and sprinkler systems; and
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e. Work performed to keep, operate and maintain water, power or waste disposal systems
owned by the City, including, but not limited to, dams, reservoirs, power plants and electrical
transmission lines of 230,000 volts and higher.
Public project shall mean any of the following, excluding maintenance work:
a. Construction, reconstruction, erection, alteration, renovation; improvement, demolition and
repair work involving any facility owned, leased or operated by the City;
b. Painting or repainting any facility owned, leased or operated by the City; and
c. The construction, erection, improvement or repair of dams, reservoirs, powerplants and
electrical transmission lines of two hundred thirty thousand (230,000) volts and higher that are
part of a utility system owned by the City. (Ord. #1571, §4)
6-6.3 Contracting Procedures; Dollar Amount Limitations:
a. Public projects of thirty thousand dollars ($30,000.00) or less, for which appropriations
have been approved by the Director of Public Works, may be performed by force account,
by negotiated contract, or by purchase order.
b. Public projects between thirty thousand and one dollars ($30,001.00) and fifty thousand
dollars ($50,000.00) shall be approved by the City Manager. The Director of Public Works
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. For public
projects equal of less than fifty thousand dollars ($50,000.00), there is no bidding
requirement. City Manager and/or Director of Public Works may obtain three written quotes
from contractors and exercise prudent judgement to award the contract to the lowest
qualified/responsible quote.
c. Public projects from fifty thousand and one dollars ($50,001.00) to two hundred
thousand dollars ($200,000.00) shall be approved by the City Council and contracted for
pursuant to the informal bidding procedures contained in subsection 6-6.6 of this section.
d. Public projects of more than two hundred thousand dollars ($200,000.00) shall be
contracted for pursuant to the formal bidding procedures contained in subsection 6-6.7 of
this section.
e. All contracts governed by this section shall be in a form approved by the City Attorney.
(Ord. #1571, §4)
6-6.4 Separation Of Work Orders Or Projects:
It shall be unlawful for any person to split or separate any public project into smaller work
orders or projects for the purpose of evading the provisions of this section requiring work
to be done by contract after competitive bidding. (Ord. #1571, §4)
6-6.5 Lists Of Contractors And Trade Journals:
The Director of Public Works shall develop and maintain a list of contractors, identified
according to categories of work, in accordance with criteria determined by the California
uniform construction cost accounting commission (the "commission") and promulgated in
the "Cost Accounting Policies And Procedures Manual".
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a. The Director of Public Works shall maintain a list of the construction trade journals, as
determined for the County of Los Angeles by the commission, that are to receive mailed
notice of all informal and formal construction contracts being bid for work within the county.
(Ord. #1571, §4)
6-6.6 Informal Bidding Procedures:
a. When the City intends to contract for a public project from fifty thousand and one dollars
($50,001.00) to two hundred thousand dollars ($200,000.00), 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 orcontractors.
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
two hundred thousand dollars ($200,000.00) or less which are let by the informal bidding
procedures specified herein to the City Council upon the recommendation of the City Manager
and/or Director of Public Works. In awarding such contracts, the City Council shall exercise
prudent judgment in determining the lowest qualified/responsible bidder, utilizing the criteria
specified in subsection 6-6.9 of this section.
e. 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. (Ord. #1571, §4)
6-6.7 Formal Bidding Procedures:
a. The City Council shall adopt plans, specifications and working details for all public projects
exceeding two hundred thousand dollars ($200,000.00). Any person may examine the plans,
specifications or working details adopted forsuch projects.
b. When the city is to contract for a public project of more than two hundred thousand dollars
($200,000.00), 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.
c. At least fourteen (14) days before the date of opening the bids, the Director of Public Works
or his designee shall publish the notice in a newspaper of general circulation, printed and
published in the city. At least thirty (30) days before the date of opening the bids, the Director
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of Public Works or his designee shall mail the notice to all construction trade journals on the list
referred to in subsection 6-6.5 of this section. The Director of Public Works or his designee may
also give such other notice as he/she deems proper.
d. Sealed bids shall be submitted to the City Clerk's office, or through an online procurement
platform as directed by the notice, and shall be identified as to bidder, project and marked "bid"
on the envelope. Bids shall be opened by the City Clerk's staff in public at the time and place
stated in the notice inviting formal bids. A written record and tabulation shall be made at that
time of all bids received, and shall be open for public inspection during the city's regular business
hours for a period of at least thirty (30) days after the bid opening.
e. If, after the first invitation for bids, all bids are rejected, the City may, after reevaluating
the cost estimates for the project:
1. Abandon the project;
2. Re -advertise for bids in the manner described in this subsection; or
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 conformed to the City's specifications were received or that no bids that conform
to the City's specifications were submitted by a responsible bidder. (Ord. #1571, §4)
6-6.8 Award Of Formal Bid Contracts:
Except as otherwise provided herein, formal bid contracts shall be awarded by the City
Council to the lowest qualified/responsible bidder. If two (2) or more bids are the same and
the lowest, the city council may accept the one it chooses or accept the lowest bid made
by negotiation with the tie bidders at the time of or after the bid opening. The determination
of "lowest responsible bidder" shall be at the discretion of the City Council pursuant to
findings and recommendations presented by the City Manager and/or the Director of Public
Works at the time of award of the contract. (Ord. #1571, §4)
6-6.8(A) Exemptions From Formal And Informal Bidding Procedures And Purchasing Authority Limits:
The provisions of this section 6-6 requiring formal or informal bids shall not apply when the
City is able to secure a contract for a public project through piggyback procurement.
Piggyback procurement shall mean utilizing another public agency's contract or agreement
to obtain more advantageous prices and terms than can be otherwise obtained on the open
market.
A piggyback contract is available under which:
a. Competitive bid procedures have already been utilized, for the supplies, equipment, or
services by any city, county, school district, state, and federal government or any of their
respective agencies within twenty-four (24) months; or
b. Procurement agreement is made available by any city, county, school district, state, and
federal government or any of their respective agencies, programs, vendors or agents
allowing local governments to buy directly from suppliers through existing contracts and
agreements; or
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c. The City Council adopts a resolution establishing policies for purchasing.
d. The supplies, equipment, or services are supplied to the City at the same or better price
as was obtained by the vendor via any city, county, school district, state, and federal
government or any of their respective agencies. (Ord. #1649, §1; Ord. #1672, §1)
6-6.9 Determining The Lowest Qualified/Responsible Bidder:
a. In determining the lowest responsible bidder, the following shall be considered, in
addition to the price:
1. Quality;
2. The ability, capacity, and skill of the bidder to perform the contract or provide the
services required;
3. Whether the bidder can perform the contract or provide the services promptly, or within
the time specified, without delay or interference;
4. The sufficiency of the bidder's financial resources to perform the contract or provide the
services; and
5. The ability of the contractor to provide future maintenance and services if essential to
adequate performance. (0 rd. #1571,§4)
6-6.10 Bid Bonds:
All sealed bids submitted pursuant to subsection 6-6.7 of this section must be accompanied by a
bid security in an amount equal to at least ten percent (10%) of the amount bid. A bid shall not be
considered unless one of the forms of bid security specified in the California Public Contract Code
section 20170 is enclosed with the bid. If the successful bidder fails to execute the contract, the
amount of the bidder's security shall be forfeited to the city, except as provided in the California
Public Contract Code sections 20173 and 20174. (Ord. #1571,§4)
6-6.11 Performance And Payment Bonds:
In awarding a contract pursuant to subsection 6-6.6 or 6-6.7 of this section, the Director of
Public Works shall require a faithful performance bond in an amount equal to one hundred
percent (100%) of the contract price and a payment bond in the amount required by California
Civil Code sections 9550 et seq. Such bonds shall be issued by an admitted surety insurer and
be in the form of a bond, not a deposit in lieu of a bond. (Or d. #1571, §4)
6-6.12 Emergencies
In cases of emergency when repair or replacements are necessary the City Council may proceed
at once to replace or repair any public facility without adopting plans, specifications, strain
sheets, or working details, or giving notice to let bids for contracts. The work may be done by day
labor under the direction of the City Council, by contract, or by a combination of the two. The
provisions of California Public Contract Code section 22050, including, but not limited to, the
City Council finding substantial evidence of an emergency prior to taking emergency action, shall
apply when notice for bids to let contracts in emergency situations is not given.
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a. The City Council may delegate by resolution the authority to order any action pursuant to
paragraph
(1) of subdivision (a) of California Public Contract Code section 22050 to the City Manager or
Director of Public Works, who shall report to the City Council at its next meeting the reasons justifying why the
emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to
respond to the emergency. (Ord . #1571, §4 )
6-6.13 Maintenance Work:
The city may utilize the bidding procedures set forth in subsection 6-6.3 et seq., of this section
when contracting for maintenance work. (Ord. #1571, §4)
6-6.14 Periodic Adjustment Of Bidding Thresholds:
Pursuant to Public Contract Code section 22020 the dollar amounts specified in the various
provisions of this section are subject to periodic adjustment by the California uniform
construction cost accounting commission. When such adjustments become effective, the city
council may make the new dollar amounts applicable to the city by adopting a resolution or
passing an ordinance amending the affected provisions of this section. (Ord. #1571, §4)
SECTION 2: If any provision of this Ordinance or the application thereof to any person or
circumstances is for any reason deemed or held to be invalid or unconstitutional by the decision
of any court of competent jurisdiction such invalidity or unconstitutionality shall not affect any
other provision or applications, and to this end the provisions of this Ordinance are declared to
be severable The City Council hereby declares that it would have adopted each section
irrespective of the fact that any one or more sections, subsections, subdivisions, sentences.
clauses, or phrases be declared unconstitutional invalid. or unenforceable
SECTION 3: The City Clerk shall certify to the passage and adoption of this Ordinance,
and shall cause it, or a summary of it. to be published as required by law, and it shall be
effective thirty (30) days after its adoption.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Lynwood, California this 4th day of October, 2022.
ATTEST:
aria Quinonez
City Clerk
APPROVED AS TO FORM:
1 2, -
Noel Tapia
City Attorney
Jorge Casa
Mayor
APPROVED AS TO CONTENT:
Har ong
Director of Finance & Administration
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
)§
)
I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby
certify that the foregoing Ordinance was passed and adopted by the City Council of the City
of Lynwood at a meeting held on the 4th day of October, 2022.
AYES: COUNCIL MEMBERS FLORES, SANTANA, SOTO, MAYOR PRO TEM
SOLACHE AND MAYOR CASANOVA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Maria Quinonez,
City Clerk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
)§
)
I, Maria Quinonez, 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 Ordinance No. 1754 on file in my office and that said Ordinance was adopted
on the date and by the vote therein stated. Dated this 4th day of October, 2022.
Maria Quinonez,
City Clerk
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