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Home My WebLink About07 - Resolution Establishing Updated Guidelines for the Opening of Bids - MemoPO Ab CITY OF NEWPORT BEACH c9<o�N`A CITY ATTORNEY'S OFFICE DATE: February 9, 2016 TO: Honorable Mayor & Members of City Council FROM: Leonie Mulvihill, Assistant City Attorney COPY TO: David A. Webb, Public Works Director Mark Vukojevic, Deputy Public Works Director SUBJECT: Regular Meeting February 9, 2016, Agenda Item 7 — Resolution Establishing Updated Guidelines for the Opening of Bids for Public Works Contracts Since the posting of the agenda, the City Attorney's Office prepared a revised Resolution No. 2016-25. A redline draft of the resolution is attached hereto as Attachment 1. We recommend that you approve this item as amended, and have provided a final draft of Resolution No. 2016-25 in Attachment 2. Submitted by: Leonie Mulvihill Assistant City Attorney Late Communication to M&CC 2.9.16Mtg Attachment 1 RESOLUTION NO. 2016— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA RELATING TO THE OPENING OF BIDS FOR PUBLIC WORKS CONTRACTS AND RESCINDING RESOLUTION NO. 5036 WHEREAS, pursuant to Section 1110 of the City Charter, the City Council is authorized to establish standards and procedures applicable to the bidding and award of contracts for projects for the construction or improvement of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds; and WHEREAS, on June 15, 1959, the City Council adopted Resolution No. 5036, which authorized and designated the City Clerk to open, examine and declare bids received pursuant to Section 5243, Chapter 9, Part 3, Division 7 of the Streets and Highways Code of the State of California; and WHEREAS, Section 5243 of the Streets and Highways Code of the State of California, has been superseded by provisions of the California Public Contract Code; and WHEREAS, the California Public Contract Code provides that the City may adopt methods and procedures to provide for receipt of bids on public works contracts over the Internet; and WHEREAS, the City Council of the City of Newport Beach deems that adopting of a procedure providing for electronic submissions of bids on public works will expedite City business and encourages the use of an efficient and cost-effective method of doing business. NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this Resolution. Section 2: The City Clerk, or his/her designee, is hereby authorized and designated as the officer who shall open all proposals or bids for public works contracts, and who shall; examine and declare the proposals or bids received for all such worker the Gity GharteF @Rd State yaw iRG!,,,+,.,.., in a public meeting called by her for that purpose. If required by State law, Tthe City Clerk, or his/her designee, shall report the results of the bidding to the City Council_.. at the next regular .Y,Geti.,g after „ f the bods. Resolution No. 2016 - Page 2 of Section 3: The City Council does hereby authorize the City Clerk to receive bids on public works or other contracts over the Internet, but only if no bid can be opened before the bid deadline and all bids can be verified as authentic. Section 4: That on or after the date of this Resolution, the City Council does hereby rescind Resolution No. 5036 in its entirety and adopts this Resolution establishing updated guidelines for the opening of bids on public works contracts as that term is defined in Chapter 1 A California Public Contract Code. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: The City Council finds the adoption of this Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. -- Formatted: Line spacing: Multiple 1.15 li Section 7: This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the Resolution. ADOPTED this day of , 2016. ATTEST: Leilani I. Brown City Clerk z Diane B. Dixon Mayor Attachment 2 RESOLUTION NO. 2016— A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA RELATING TO THE OPENING OF BIDS FOR PUBLIC WORKS CONTRACTS AND RESCINDING RESOLUTION NO. 5036 WHEREAS, pursuant to Section 1110 of the City Charter, the City Council is authorized to establish standards and procedures applicable to the bidding and award of contracts for projects for the construction or improvement of public buildings, works, streets, drains, sewers, utilities, parks and playgrounds; and WHEREAS, on June 15, 1959, the City Council adopted Resolution No. 5036, which authorized and designated the City Clerk to open, examine and declare bids received pursuant to Section 5243, Chapter 9, Part 3, Division 7 of the Streets and Highways Code of the State of California; and WHEREAS, Section 5243 of the Streets and Highways Code of the State of California, has been superseded by provisions of the California Public Contract Code; and WHEREAS, the California Public Contract Code provides that the City may adopt methods and procedures to provide for receipt of bids on public works contracts over the Internet; and WHEREAS, the City Council of the City of Newport Beach deems that adopting of a procedure providing for electronic submissions of bids on public works will expedite City business and encourages the use of an efficient and cost-effective method of doing business. NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves as follows: Section 1: The recitals provided above are true and correct and are incorporated into the operative part of this Resolution. Section 2: The City Clerk, or his/her designee, is hereby authorized and designated as the officer who shall open all proposals or bids for public works contracts, and who shall examine and declare the proposals or bids received for all such work in a public meeting called by her for that purpose. If required by State law, the City Clerk, or his/her designee, shall report the results of the bidding to the City Council. Resolution No. 2016 - Page 2 of _ Section 3: The City Council does hereby authorize the City Clerk to receive bids on public works or other contracts over the Internet, but only if no bid can be opened before the bid deadline and all bids can be verified as authentic. Section 4: That on or after the date of this Resolution, the City Council does hereby rescind Resolution No. 5036 in its entirety and adopts this Resolution establishing updated guidelines for the opening of bids on public works contracts as that term is defined in Chapter 1 California Public Contract Code. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Resolution. The City Council hereby declares that it would have passed this Resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: The City Council finds the adoption of this Resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 7: This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the Resolution. ADOPTED this day of , 2016. ATTEST: Leilani I. Brown City Clerk 2 Diane B. Dixon Mayor