HomeMy Public PortalAboutOrd. 1571ORDINANCE NO. 1571
AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF
LYNWOOD REPEALING SECTION 2 -5 AND SUBSECTIONS 6 -3.1
THROUGH 6 -3.13 OF, THE LYNWOOD MUNICIPAL CODE IN
THEIR ENTIRETY AND ADOPTING NEW SUBSECTIONS 6 -3.1
THROUGH 6 -3.13 AND A NEW SECTION 6 -6 FOR THE PURPOSES
OF UPDATING THE CITY'S PURCHASING PROCEDURES,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND ENTER
INTO CERTAIN CONTRACTS ON BEHALF OF THE CITY AND
MOVING THE PROVISIONS OF THE CODE REGARDING
CONTRACTS FOR PUBLIC WORKS PROJECTS TO A NEW
SECTION OF THE CODE FOR CLARITY
WHEREAS, many provisions of the Lynwood Municipal Code (the "Code ")
regarding purchasing of supplies and equipment and contracting for professional services
have not been updated in several decades; and
WHEREAS, the City Council of the City of Lynwood (the "Council ") wishes to
update and streamline the City's purchasing and professional services procurement
procedures to increase efficiency, cost effectiveness and responsiveness; and
WHEREAS, the Council also wishes to delegate authority to the City Manager to
enter into and execute certain contracts on behalf of the City pursuant to the guidelines
set forth in this ordinance; and
WHEREAS, for purposes of clarity, the Council wishes to place the recently -
adopted provisions of the Code dealing with Contracts for Public Works Projects and the
Uniform Construction Cost Accounting Act in a separate Section of the Code.
NOW, THEREFORE, THE CITY OF LYNWOOD DOES ORDAIN AS
FOLLOWS:
Section 1. That Section 2 -5 of Chapter 2 of the Code of the City of Lynwood is hereby
repealed in its entirety.
Section 2. That Subsections 6 -3.1 through 6 -3.13 of Section 6 -3 of Chapter 6 of the
Code of the City of Lynwood are hereby repealed in their entirety.
Section 3. That new Subsections 6 -3.1 through 6 -3.13 of Section 6 -3 of Chapter 6 are
added to the Code of the City of Lynwood, which Subsections shall read as follows:
6 -3 PURCHASING
6 -3.1 Definitions.
For purposes of this Section, the following words shall have the following meanings:
"Agency or Agencies" shall mean the Lynwood Redevelopment Agency, the Lynwood
Information Inc., the Lynwood Public Finance Authority, the Lynwood Utility Authority
or any other local body created.by ordinance, resolution or formal action of the City
Council of the City of Lynwood.
"Bidder's List" shall mean a list of responsible prospective or current vendors capable
of providing the items being bid upon.
"Equipment" shall mean furnishings, machinery, vehicles, rolling stock, and other
personal property used in the City's business.
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"Emergency" shall mean a situation in which there is an immediate threat to life or
property or when there is or would be a complete disruption of a vital public service.
"Routine Services" are services such as janitorial, uniform cleaning, maintenance and
other services which do not require any unique skill, special background, training, and
obtaining such services at the lowest cost is the single most important factor in selection,
as opposed to personal performance.
"Professional/Special Services" shall mean any work performed by an attorney,
architect, engineer, land surveyor, construction manager, appraiser, expert, accounting
firm, consultant or those services such as computer services, security services and other
services which require in addition to the use of special or specific equipment, special
performance criteria, specific experience, training, personal judgment, quality of work or
factors other than simply obtaining the service at the lowest cost to the City.
Professional /special services do not include services rendered by City officers or
employees.
"Purchase" shall include the renting, leasing, purchasing, licensing, or a trade of
equipment or supplies.
"Purchasing Officer" shall mean the City Manager or his/her designee.
"Supplies" shall mean office supplies, janitorial supplies, materials, goods, tools, or
other commodities used in the general conduct of the City's business, excepting supplies
or materials included in a construction contract or bid specification for a public works
project.
6 -3.2 Centralized Purchasing System Adopted
There is hereby adopted a centralized purchasing system in order to establish efficient
procedures for the procurement of supplies, equipment and routine services for the City
and its Agencies; to exercise financial control over purchases; to clearly define authority
for the purchasing function and to conserve public funds through the reduction of costs.
6 -3.3 Purchasing Officer Duties.
a. The City Manager is hereby appointed and shall serve as the City Purchasing
Officer. The City Manager shall have the authority to delegate in whole or in part to
qualified City officers or employees the responsibilities and authority for carrying out all
aspects of the purchasing system, provided that the City Manager maintains oversight and
receives quarterly reports regarding the purchasing function from all such designees.
b. Subject to the provisions of this Section, the duties and responsibilities of the
Purchasing Officer shall include but not necessarily be limited to the following:
1. To prepare, distribute and maintain administrative regulations and
procedures consistent with the provisions of this Code governing the purchase of
supplies, equipment and routine services for the City and its Agencies;
2. To prepare, distribute and maintain administrative regulations and
procedures consistent with this Code for the sale of surplus property;
3. To purchase or contract for all supplies, equipment and routine services
needed by the City and its Agencies in accordance with purchasing rules,
regulations and procedures as provided for in this Section and such other rules
and regulations as shall be prescribed;
4. To procure for the City and its Agencies the highest quality in supplies,
equipment and routine services at the least expense;
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5. To discourage uniform bidding and to endeavor to obtain as full and open
competition as possible on all purchases and sales;
6. To keep informed of current developments in the field of purchasing,
prices, market conditions and new products;
7. To ensure the inspection of all supplies and equipment purchased to
guarantee conformance with specifications and adherence to standards of quality,
including, as required, chemical and physical tests of samples submitted with bids
and samples of deliveries to determine conformance with specifications set forth in
the order;
8. To direct the transfer of surplus or unused supplies and equipment
between Departments as needed;
9. To sell all supplies, equipment and other property of the City and its
Agencies which has been declared surplus or which has become unsuitable for use
by the City or its Agencies;
10. To maintain financial and other records as necessary for the efficient
operation of the purchasing system;
11. To prescribe and maintain such forms as are necessary for administration
of the purchasing system.
6 -3.4 Appropriated Funds Prerequisite to Contract or Purchase Order
Except in cases of emergency, the Purchasing Officer shall not issue any purchase order
nor award any contract for supplies, equipment, routine services or professional /special
services unless there exists an available, non - committed balance in the account against
which the purchase is to be charged. Subject to budgetary restrictions, the Purchasing
Officer may transfer funding from other sources to ensure sufficient balances to the
extent that such transfers are normally allowed without City Council approval. The
Purchasing Officer shall obtain City Council approval for additional funds for purchases
lacking the available uncommitted funding.
6 -3.5 Departments to Supply Estimates of Requirements.
All City Departments and Agencies must file detailed estimates of their requirements for
supplies, equipment or routine services in such manner, and at such times, and for such
future period(s) as the Purchasing Officer shall prescribe.
6 -3.6 Requisitions and Purchase Orders.
a. Except as permitted under Subsection 6- 3.7.b.1, any City Department or Agency
requesting supplies, equipment or routine services shall submit to the Purchasing Officer
a requisition on the Purchasing Officer's approved form prior to initiating any
procurement.
b. Except as permitted under Subsection 6- 3.7.b.1, purchases of supplies, equipment
and routine services shall be made only by purchase orders issued by the Purchasing
Officer and any other contractual document he or she determines is necessary. To the
extent possible, purchase orders must be entered into for the entire fiscal year's worth of
purchases, or for the entire length of the approved contact.
6 -3.7 Bidding Procedures and Purchasing Authority Limits.
a. There are three levels of authority for purchases which are determined by dollar
amount: Department Director Purchase, Open Market Purchase and Formal Bid
Purchase. Except as specifically permitted otherwise by the provisions of this Section, a
formal purchase order, approved by the requesting Department Director and the
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Purchasing Officer or his/her designee is required for all purchases where any single
item/purchase exceeds $500.00, in advance of the procurement.
b. When making purchases for supplies, equipment or routine services, the following
procedures shall be followed:
Department Director Purchase. Up to $500.00.
(a) Any Department Director or the City Manager may authorize the
purchase of supplies, equipment or routine services as needed for his or
her area of responsibility for purchases up to $500.00.
(b) No purchase requisition, purchase order or bidding procedures
shall be required, provided the Department Director keeps a record of such
purchases and exercises reasonable prudence in seeking price quotes and
purchasing such items. All such purchases shall be made with the existing
budget, using the available and uncommitted balances.
(c) Purchase orders may be issued regardless of amount when required
by the vendor, or when the complexity of the transaction demands a
formal document for clarity.
2. Open Market Purchase: $500.01 to $15,000.00.
(a) Purchases of supplies, equipment and routine services where the
dollar amount involved is $500.01 to $15,000.00 shall be made by the
Purchasing Officer. If in the Purchasing Officer's reasonable discretion
the amount, urgent need and /or timing of the purchase so warrants, the
purchase may be made in the open market without observing the formal
competitive bidding procedures prescribed in Subsection 6- 3.7.b.3.
(1) Open market purchases shall, whenever possible, be based
on at least three (3) bids and shall be awarded to the lowest
responsible bidder.
(2) The Purchasing Officer or his/her designee shall solicit bids
by written request to prospective vendors, by telephone
and/or by public notice posted on a public bulletin board in
City Hall and on the City's Website.
(3) Bids given pursuant to this Subsection shall be submitted to
the Purchasing Officer in writing.
(4) If a bid is received, the Purchasing Officer shall keep a
record of all open market orders and bids for a period of
one (1) year after the submission of bids or the placing of
orders. This record, while so kept, shall be open for public
inspection.
3. Formal Bid Purchases: Over $15,000. Except as otherwise authorized in
Subsection 6 -3.13, purchases of supplies, equipment and routine services in
excess of Fifteen Thousand ($15,000.00) Dollars shall be by formal competitive
bid in accordance with the following provisions:
(a) Published notice. .A notice inviting bids shall be published at least
fourteen (14) calendar days before the date of the opening of bids. The
notice shall be published at least twice, not less than five (5) days apart in
a newspaper of general circulation printed and published in the City, and
also in appropriate trade publications, if any, circulated within the general
area. Such other notice as the Purchasing Officer deems appropriate may
be made.
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(b) Notice inviting bids. Notices inviting bids shall include a general
description of the supplies, equipment or routine services to be purchased,
state where bid forms and specifications may be secured and the time and
place for the opening of bids and any other information material to the
submission of a bid.
(c) Bidder's list. The Purchasing Officer shall maintain a list of
responsible bidders for various categories of supplies or equipment. A
solicitation for a bid shall be sent to all responsible prospective contractors
or suppliers whose names are on the bidder's list for the category of
equipment, supplies or routine services subject to the bid request.
(d) Bulletin board and Website. The bid invitation shall be posted on
a public bulletin board in City Hall and shall also be posted on the City's
Website.
(e) Bid Submission Procedure. Sealed bids shall be submitted to the
Purchasing Officer or to the City Clerk, as determined by the Purchasing
Officer and set forth in the notice inviting bids. Sealed bids shall be
identified as to bidder, project, and bid on the envelope.
(f) Bid opening procedure. Bids shall be opened by City staff in
public at the time and place stated in the notice inviting bids. A written
record and tabulation shall be made at the time of all bids received, and
shall be open for public inspection during regular business hours for a
period of not less than thirty (30) days after the bid opening.
(g) Rejection of bids. In its discretion, the City Council may reject
any bids presented and may re- advertise for bids.
(h) Tie bids. If two (2) or more bids received are for the same total
amount or unit price, quality and service being equal, the Council may
accept either bid.
(i) No bids. If no bids are received, the City Council may have the
supplies, equipment or routine services purchased in the open market
without further compliance with the bidding procedures specified in this
Subsection.
0) Performance bonds. The City Council may require a performance
bond in such amount as it shall find reasonably necessary to protect the
public interest. If the City Council requires a performance bond, the form
and amount of the bond shall be described in the notice inviting bids
(k) Bid evaluation procedures. All bids shall be analyzed by
Purchasing Officer and the Department Director requiring the supplies,
equipment or routine services for compliance with bid specifications, and
the Purchasing Officer shall prepare a recommendation to the Department
for award or rejection. The Department Director shall then prepare a
recommendation for award or rejection to the City Council.
(1) Award of contracts. Contracts shall be awarded by the City
Council to the lowest responsive and responsible bidder whose bid fulfills
the purpose intended according to criteria designated in the notice inviting
bids. All such contracts shall require the signature of the Mayor, or in
his /her absence, the Mayor Pro Tempore, pursuant to the provisions of
Gov. Code §§ 40601 and 40602.
C. The purchasing procedures described in this Subsection shall not apply to public
works projects /contracts, professional /special services contracts or to any employee or
officer expenditures or reimbursements involving travel, education or per diems.
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6 -3.8 Report and Sale of Obsolete and Surplus Supplies and Equipment.
a. All City Departments and Agencies shall submit to the Purchasing Officer, at
such times and in such form as he /she shall prescribe, reports showing all supplies and
equipment which are no longer used or which have become obsolete or worn out.
b. The Purchasing Officer shall have the authority to sell all supplies and equipment
which cannot be used by any agency or which have become unsuitable for use by the City
or its Agencies or to exchange or trade in the supplies and equipment for new supplies
and equipment. Such sales shall be made pursuant to those provisions of this Section
which are applicable.
6 -3.9 Professional/Special Services.
a. In contracting for professional /special services, such contracts should only be
awarded to firms or persons who have demonstrated adequate levels of experience,
competence, resources /equipment, staffing and other professional qualifications
necessary for more than a satisfactory performance of the services required in the time
period needed.
b. Once the Department or Agency requesting the professional /special service has
determined a firm has an adequate level of competence, the cost of the service may be
considered, however, price may not be the sole factor in determining to whom a contract
shall be awarded. The City's best interests may be served by awarding the contract to a
higher priced contractor based on the scope of services available, unique skills, staffing
levels, timing, prior experience, past working relationship, and other factors required by
the Department or proposed by the contractor.
C. Request for proposal /qualifications. The acquiring of professional /special services
shall be procured through a negotiated contract and should include requests for
proposals /qualifications (RFP /Q). Soliciting bids for professional /special services is
decentralized and shall be the responsibility of the Department Director requesting the
service. The Purchasing Officer may be contacted to assist in the formal request for
proposal /qualification (RFP /Q) process.
d. Contracts for Fifteen Thousand ($15,000) Dollars or Less.
1. In non - emergency situations, the requesting Department should contact a
minimum of three (3) consultants /firms.
2. Unless the City Council authorized the entering into or the award of a
specific contract for professional /special services, the Purchasing Officer shall
approve in writing the award of all such contracts, taking into consideration the
recommendation of the Department Director requesting the professional /special
services at issue.
3. The Purchasing Officer or his/her duly authorized designee is authorized
to approve professional /special service contracts with an estimated cost of
$15,000.00 or less.
e. Contracts over Fifteen Thousand ($15,000) Dollars. In non - emergency situations,
Departments should utilize the following Sealed Request for Proposal process:
1. RFP /Q solicitation process. A formal Sealed Request for Proposal
Qualification (herein "RFP /Q ") document should be developed for solicitation of
professional services contracts over Fifteen Thousand ($15,000) Dollars.
2. Advertisement. The Department should advertise in appropriate
publications and /or use the Professional Services Listings, as available, during the
solicitation process.
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3. Fourteen (14) to Twenty -one (21) day notice. Notice inviting RFP /Q's
should be posted at City Hall and on the City's Website at least fourteen (14)
calendar days before the due date of submission of the RFP /Q.
4. Notice contents. The notice shall at least describe the general type of
service needed, how the RFP /Q minimum Scope of Work can be obtained, the
requirement of a written sealed proposal, state the closing date, place, and time for
submission of the RFP /Q.
5. Solicitation procedure. Sealed Request for Proposals /Qualifications
should be submitted directly to the requesting Department. RFP /Q's need not be
opened publicly. Departments shall analyze proposals for compliance with
RFP /Q requirements, value of the total scope of services and make a
recommendation to City Council for selection, or for follow up interviews of
those submitting proposals.
6. Award. Contracts for professional /special services in excess of Fifteen
Thousand ($15,000.00) Dollars require the approval of the City Council and the
signature of the Mayor, or in his/her absence, the Mayor Pro Tempore, pursuant to
the provisions of Gov. Code §§ 40601 and 40602.
f. Contracts for professional /special services should be on the City's standard form
and shall be reviewed and approved as to form by the City Attorney.
6 -3.10 City Manager Authority to Execute Specified Contracts.
The City Manager or his /her duly authorized designee shall be authorized to sign on
behalf of the City all purchase orders or contracts for procuring supplies, equipment,
routine services and professional /special services which do not exceed a total contract or
purchase order amount of Fifteen Thousand ($15,000.00) Dollars in any one year period.
6 -3.11 Report of Purchases.
a. The City Manager shall file a report of purchases with the City Council on a semi-
annual basis. The report shall account for all purchases of supplies, equipment or routine
services and all contracts for professional services exceeding Five Thousand ($5,000.00)
Dollars which were made without prior City Council approval during the preceding six -
months of each fiscal year.
b. The report shall identify the subject matter of the purchase or contract, the
requesting Department, the person or entity from whom the purchase was made, and the
amounts paid or payable by the City or its Agencies under each such purchase order or
contract.
6 -3.12 Splitting Purchases or Contracts.
No officer or employee of the City or its Agencies shall split or separate a purchase of
supplies, equipment or a contract or purchase order for routine services or
professional /special for the purpose of evading the provisions of this Section. The
acquisition of supplies, equipment and routine services should normally be made as a
single purchase, when the need has been identified for multiples of items, related items,
or similar items, which are ordinarily available from the same vendor or manufacturer.
6 -3.13 Exceptions.
a. Any provisions of this Section to the contrary notwithstanding, no competitive
bidding of any kind (whether through informal open market procedures or through formal
noticed procedures) shall be required to purchase supplies, equipment, routine or
professional /special services under any of the following circumstances:
1. When an emergency requires that an order be placed with the most
available source of supply; or
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2. When the supplies, equipment, services or contract could be obtained from
only one (1) source; or
3. If the City Council shall find, by resolution adopted by not less than four -
fifths (4/5) of its members, that such an acquisition may be more economically
and efficiently effected through the use of an alternate procedure; or
4. When the City is seeking a contract for garbage collection.
b. These exceptions shall not apply to contracts for public works projects.
Section 4. That a new Section 6 -6 of Chapter 6 is added to the Code of the City of
Lynwood, which Section shall 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 (Cal. Pub. Con. Code §22000 et seq.) in the performance of and
contracting for public projects. The procedures contained in this Subsection are intended
to implement and be consistent with such Act.
6 -6.2 Definitions. For purposes of this Section, the following words shall have
the following meanings:
a. "Public project" shall mean any of the following, excluding maintenance work:
1. Construction, reconstruction, erection, alteration, renovation;
improvement, demolition and repair work involving any facility owned,
leased or operated by the City;
2. Painting or repainting any facility owned, leased or operated by the City;
and
3. The construction, erection, improvement or repair of dams, reservoirs,
powerplants and electrical transmission lines of 230,000 volts and higher
that are part of a utility system owned by the City.
b. "Maintenance work" shall mean any of the following:
1. Routine, recurring and usual work for the preservation or protection for its
intended purposes of any facility owned or operated by the City;
2. Minor repainting;
3. Resurfacing at less than one inch deep of streets and highways;
4. Landscape maintenance, including mowing, watering, trimming, pruning,
planting, replacement of plants and servicing of irrigation and sprinkler
systems; and
5. Work performed to keep, operate and maintain water, power or waste
disposal systems owned by the City, including, but not limited to, dams,
reservoirs, powerplants and electrical transmission lines of 230,000 volts
and higher.
"Facility" shall mean any of the following:
Any plant, building, structure, ground facility, real property, street,
highway or other public work improvement;
2. Any utility system owned by the City, subject to the limitations found in
Subsection 6- 6.2.a.3 of this Code.
d. "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.
6 -6.3 Contracting Procedures; Dollar Amount Limitations.
a. Public projects of $30,000.00 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 $30,000.01 to $125,000.00 shall be contracted for pursuant
to the informal bidding procedures contained in Subsection 6 -6.6 of this Code.
C. Public projects of more than $125,000.00 shall be contracted for pursuant to the
formal bidding procedures contained in Subsection 6 -6.7 of this Code.
d. All contracts governed by this Section shall be in a form approved by the City
Attorney. .
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.
6 -6.5 Lists Of Contractors And Trade Journals.
a. The Director of Environmental Services 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.
b. The Director of Environmental Services 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.
6 -6.6 Informal Bidding Procedures.
a. When the City intends to contract for a public project from $30,000.01 to
$125,000.00, the Director of Environmental Services 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.
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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 $125,000.00 or less which are let by the informal bidding procedures specified
herein to the City Manager upon the recommendation of the Director of Environmental
Services. In awarding such contracts the City Manager shall exercise prudent judgment
in determining the lowest responsible bidder, utilizing the criteria specified in Subsection
6 -6.9 of this Code.
e. If all bids received are in excess of $125,000.00, the City Council may, by
adoption of a resolution by a four -fifths (4/5) vote of its membership, award the contract
at $137,500.00 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.
6 -6.7 Formal Bidding Procedures.
a. The City Council shall adopt plans, specifications and working details for all
public projects exceeding $125,000.00. 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 $125,000.00, the
Director of Environmental Services 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
Environmental Services 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 of Environmental Services or his designee shall mail the
notice to all construction trade journals on the list referred to in Subsection 6 -6.5 of this
Code. The Director of Environmental Services 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 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. The City Council may in its discretion reject any bids presented, if the City, prior
to rejecting all bids and declaring that the project can be more economically performed
by employees of the City, furnishes a written notice to an apparent low bidder. Such
notice shall be sent by the Director of Environmental Services. The notice shall inform
the bidder of the City's intention to reject the bid and shall be mailed at least two
business days before the hearing at which the City intends to reject the bid. 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. Readvertise for bids in the manner described in this Subsection; or
3. Request that the City Council adopt a resolution by a four -fifths (4/5) vote,
declaring that the project can be performed more economically by City
employees. If such a resolution is adopted, the Director of Environmental
Services may have the project completed by force account.
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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.
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 responsible bidder. If two or more bids are the same and the
lowest, the City Council may accept the one it chooses. 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 Environmental
Services at the time of award of the contract.
6 -6.9 Determining the lowest responsible bidder.
a. In determining the lowest responsible bidder, the following shall be considered, in
addition to the price:
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.
6 -6.10 Bid Bonds.
All sealed bids submitted pursuant to Subsection 6 -6.7 of this Code must be accompanied
by a bid security in an amount equal to at least 10% of the amount bid. A bid shall not be
considered unless one of the forms of bid security specified in the Cal. Pub. Con. Code
§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
Cal. Pub. Con. Code §20173 and §20174.
6 -6.11 Performance And Payment Bonds.
In awarding a contract pursuant to Subsections 6 -6.6 or 6 -6.7 of this Code, the Director of
Environmental Services shall require a faithful performance bond in an amount equal to
100% of the contract price and a payment bond in the amount required by Cal. Civil
Code §3248. 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.
6 -6.12 Emergencies.
a. . 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 Cal. Pub. Con. Code §22050,
including but not limited to, the requirement of a four -fifths (4/5) vote of 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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STATE OF CALIFORNIA }
}ss
COUNTY OF LOS ANGELES }
I, 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 regular meeting held on the 20th day of December 2005.
AYES: COUNCILMEMBERS, BYRD, JOHNSON, PEDROZA, SANTILLAN, VASQUEZ
NOES: NONE
ABSENT: N 0 ; E
ABSTAIN: NONE
-a -i � �. 01' *' , "-)
Andrea L. Hooper, City Clerk
STATE OF CALIFORNIA }
} ss
COUNTY OF LOS ANGELES }
I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City
Council of said City, do hereby certify that the above and foregoing is a full, true and
correct copy of Ordinance No. 1371 on file in my off ce and that said
Ordinance was adopted on the date and by the vote therein stated.
Dated this 20th day of December , 2005.
Andrea L. Hooper, City Clerk
a .1
b. The City Council may delegate by resolution the authority to order any action
pursuant to paragraph (1) of subdivision (a) of Cal. Pub Contract Code §22050 to the City
Manager or Chief Engineer.
6 -6.13 Maintenance Work.
The City may utilize the bidding procedures set forth in Subsection 6 -6.3 et seq. of this
Code when contracting for maintenance work.
6 -6.14 Periodic Adjustment of Bidding Thresholds.
Pursuant to Pub. Con. Code §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 Section 6 -6 of this
Code.
Section 5. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part thereof is for any reason held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council hereby declares that it would have passed each section,
subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance
irrespective of the fact that any one or more section, subsection, subdivision, paragraph,
sentence, clause or phrase be declared invalid or unconstitutional.
Section 6. This Ordinance shall take effect thirty (30) days after its final passage by
the City Council.
Section 7. The City Clerk of the City of Lynwood is hereby directed to certify to the
passage and adoption of this Ordinance and to cause it to be published or posted as
required by law.
First read at a regular meeting of the City Council held on the 6th day of
December , 2005 and adopted and ordered published at a regular meeting of said
Council held on the 20th day of December , 2005.
e icia Vasquez, Mayor
City of Lynwood
Attest:
Off,
Andrea L. Hooper, City Clerk
Approved as to form:
oll.0
Arnoldo Beltran, City Attorney
Approved as to content:
E que Martine , qty Manager
12