The URL can be used to link to this page

Home My WebLink About07 - Resolution Establishing Updated Guidelines for the Opening of Bids7-1 NEWPORT BEACH City Council Staff Report COUNCIL STAFF REPORT CITY OF February 9, 2016 Agenda Item No. 7 ABSTRACT: Staff recommends the City Council rescind Resolution No. 5036 and adopt the attached Resolution which establishes updated guidelines for the opening of contract bid packages per the California Public Contract Code. The updated resolution also formalizes the practice of receiving bids electronically. RECOMMENDATION: Adopt Resolution No. 2016-25, A Resolution of the City Council of the City of Newport Beach, California, Rescinding Resolution No. 5036 and Establishing Updated Guidelines for the Opening of Bids. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION: In 1959, the City adopted Resolution No. 5036, designating the City Clerk to receive and open bids under the provisions of Section 5243 of the Streets and Highways Code of the State of California. This Section was repealed in 1982 and was superseded by Subsection 20414 of the California Public Contract Code which allows a person designated by resolution to receive and open proposals or bids in public. The most current Public Contract Code also states that agencies may adopt methods and procedures to receive bids on public works or other contracts over the Internet as long as no bid can be opened before the bid deadline and all bids can be verified as authentic. TO:HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM:David A. Webb, Public Works Director - 949-644-3311, dawebb@newportbeachca.gov PREPARED BY:Lucie Delorme, Management Analyst, ldelorme@newportbeachca.gov PHONE:949-644-3394 TITLE:Resolution Establishing Updated Guidelines for the Opening of Bids Resolution Establishing Updated Guidelines for the Opening of Bids February 9, 2016 Page 2 7-2 The Public Works Department, the City Clerk’s Office and the City Attorney’s office collaborated and prepared an updated Resolution to update guidelines for the opening of bids on Public Works contracts, reflect applicable Public Contract Code sections, and allow the City to receive Public Work project bids electronically. A key provision in receiving electronic bids is the stipulation that bids remain sealed until the bid deadline and administrators are able to verify bids are authentic. Currently, the City is utilizing PlanetBids, an online vendor and bid management system company, competitively selected by the Finance Department. Utilizing an online vendor registration and bid management system has become a standard within the industry. Potential contractors receive electronic invitations, requests, and project information allowing them to discern their interest in submitting bids for capital projects. The system improves efficiency and transparency by displaying the potential bidders, actual bidders, contractor questions and staff responses, and other common requests for information. All prospective contractors must then register to view the project specifics in order to submit bid documents. Bids cannot be viewed or opened by staff or other users until the official bid opening date and time. The public may electronically view the generic project information without registering. However, in order to view the project details including the plans, specifications, and addendums, the interested party must register. This is important because it allows the City to reach out to all interested parties for any project questions, responses, and changes known as addendums during the bidding period. It also informs all of the interested parties of the final bid results. That being said, all of the plans, specifications and addendums are also available at the Public Works Department office for review by the public during normal business hours. Also, a set of plans and specifications is placed in the City Council Chamber for review by the City Council at the date of the contract award. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action 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. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Resolution Establishing Updated Guidelines for the Opening of Bids February 9, 2016 Page 3 7-3 ATTACHMENTS: Attachment A – Resolution 2016-____ Attachment B – Resolution No. 5036 RESOLUTION NO. 2016–____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA RELATING TO THE OPENING OF BIDS 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, examine and declare the proposals or bids received for all work, or for furnishing materials, supplies or equipment, or any portion thereof as authorized by the City Charter and State law including, in a public meeting called by her for that purpose. The City Clerk, or his/her 7-4 Resolution No. 2016-__ Page 2 of __ 2 designee, shall report the results of the bidding to the City Council at the next regular meeting after opening of the bids. 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 1.6 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. 7-5 Resolution No. 2016-__ Page 3 of __ 3 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. ______________________ Diane B. Dixon Mayor ATTEST: __________________________ Leilani I. Brown City Clerk 7-6 RESOLUTION NO. 5036 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, IN THE MATTER OF THE OPENING OF BIDS RECEIVED FOR WORK UNDER DIVISION 7 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA WHEREAS, Section 5243;,-Chapter 9, Part 3, Division 7 of the Streets and Highways Code of the State of California has been amended to authorize the legislative body by resolution to designate an officer to open, examine and declare bids received pursuant to any of the work authorized under said Division; and WHEREAS, the City Council of the City of Newport Beach deems that the adoption of said procedure would tend to greatly expedite City business. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AS FOLLOWS: SECTION 1. That on or after the date of this Resolution, pursuant to the authority granted by Section 5243 of the Streets and Highways Code, the City Clerk be and she is hereby authorized and designated as the officer who shall open, examine and declare the proposals or bids received for all work, or for furnishing materials, supplies or equipment, or any portion thereof authorized by said Division 7 of the Streets and Highways Code, and shall, open all proposals or bids in a public meeting called by her for that purpose, and report the results of the bidding to the City Council at the next regular meeting after the opening of the bids. SECTION 2. That the City Clerk be and she is hereby authorized and instructed to insert in all such notices inviting bids the time and place of said public meeting and the officer designated to open, examine and declare bids received, pursuant 1- 7-7 to Division 7 of the Streets and Highways Code, and that the same shall be submitted to the City Council at its next regular meeting after said openingfor the consideration of the said City Council. APPROVED and ADQFTED this he City of Newport Beh, California t ATTEST: CITY CLERK STATE OF CALIFORNIA COUNTY OF ORANGE , SS CITY OF NEWPORT BEACH )_ 959 I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No.5036 was duly passed, approved and adopted by the City Council of said city, approved and signed by the Mayor, and attested by the City Clerk, all at an adjourned regular meeting_ of said City Council held on the 15th day of June 1959 and that the same was passed and adopted by the following vote, to wits SEAL) AYES: councilmen Kingsley, Atkinson, Higbie, Stoddard, Hart, Lorenz, Somers NOES: Councilmen None ABSENT: Councilmen None Dated this 16th day of June 1959. CITY CLERK of the City of Newport Beach, California 2- 7-8 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH ) SS I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 5036 was duly and regularly adopted, passed, and approved by the City Council of adjourned the City of Newport Beach, California, at a regular /meeting of said City Council held at the regular meeting place thereof, on the 1_ 5t_ day of Jae 9 1959, by the following vote, to wit: AYES, COUNCILMENs Kingsley, Atkinson, Higbie, Stoddard, Hart, Lorenz, Somers NOES, COUNCILMEN: None ABbENT, COUNCILMEN. None Dated this 16th day of June 9 59 City Clerk Ind Ex-Officio Clerk of the City Council, City of Newport Beach, State of California. 4.. 7-9