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HomeMy WebLinkAbout2016-25 - Relating to the Opening of Bids for Public Works Contracts and Rescinding Resolution No. 5036RESOLUTION NO. 2016-25 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State of California; and WHEREAS, Section 5243 of the Streets and Highways Code of the State of California, has been superseded by provisions of the California Public Contract Code; and WHEREAS, the California Public Contract Code provides that the City may adopt methods and procedures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 his/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. 2016-25 Page 2 of 2 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 gth day of February, 2016. ATTTEESrT��'I' Leilani I. Brown City Clerk VianeDixon Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2016-25 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9th day of February, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of February, 2016. '1�,, 6- Leila6i I. Browri MMC ` City Clerk Newport Beach, California (Seal)