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California, has been superseded by provisions of the California Public Contract Code;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)