RES-11509 EL MODENA BASIN PUBLIC RESTROOM IMPROVEMENT PROJECT - IFB NO. 23-24.15 REJECTED - WORK TO BE PERFORMED BY CITY EMPLOYEESRESOLUTION NO. 11509
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE MAKING A DECLARATION
PURSUANT TO THE UNIFORM PUBLIC
CONTRACTING COST ACCOUNTING ACT
PUBLIC CONTRACT CODE SECTION 22038) AND
ORANGE MUNICIPAL CODE SECTION 3.08.550
THAT THE EL MODENA BASIN PUBLIC
RESTROOM IMPROVEMENT PROJECT CAN BE
PERFORMED MORE ECONOMICALLY BY CITY
EMPLOYEES AND FURTHER DECLARING
PURSUANT TO THE LOCAL AGENCY PUBLIC
CONSTRUCTION ACT (PUBLIC CONTRACT CODE
SECTION 20167) THAT THE MATERIALS MAY BE
FURNISHED AT A LOWER PRICE IN THE OPEN
MARKET
WHEREAS, on October 10, 2023, the City Council approved the solicitation of bids for
the El Modena Basin Public Restroom Improvement Project, to be funded by U.S Department of
Housing and Urban Development's Community Development Block Grant Program ("Project");
and
WHEREAS, on October 12, 2023, the City advertised IFB No. 23-24.15/SP-4257 in
accordance with the Public Contract Code, the City of Orange Municipal Code ("OMC") and the
City's Purchasing Policy; and
WHEREAS,thereafter,the City received two bids for the Project and opened said bids on
November 17,2023,with the apparent low bidder exceeding the budgeted amount for this Project;
and
WHEREAS, the City is subject to the Uniform Public Contract Cost Accounting
Procedures("UPCCAA")set forth by Public Contract Code Section 22000,et seq.,by its adoption
of Ordinance No. 12-99 on July 13, 1999 and Resolution No. 9133 on June 22, 1999; and
WHEREAS, under Section 22038 of UPCCAA, Section 3.08.550 of Chapter 3.08
Purchasing System) of Title 3 (Revenue and Finance) of the OMC, and the City's Purchasing
Policy, and as contained in the IFB,the City may reject any and all bids, and thereafter,generally:
1) abandon the project, (2) re-advertise solicitation of bids, or (3) perform the work with City
employees, after appropriate noticing of the rejection of bids, based on a determination by City
Council resolution adopted by at least a four-fifths vote; and
WHEREAS,after conducting an evaluation of the cost estimates for this Project and after
the appropriate noticing requirements to bidders under UPCCAA and the OMC, staff believes that
the Project can be completed more economically by use of City employees; and
WHEREAS, both UPCCAA and the OMC provide that, upon passage of a Resolution
declaring that the Project can be performed more economically by City employees, the City may
proceed with the project without any further compliance with competitive bidding rules; and
WHEREAS, the Public Contracts Code, at Section 20167, further provides, in pertinent
part, that "after rejecting bids, the legislative body may pass a resolution by a four-fifths vote of
its members declaring that...materials or supplies [may be] furnished at a lower price in the open
manner;" and
WHEREAS, Section 20167 similarly provides that, upon adoption of said resolution, the
project may proceed without further complying with applicable provisions of Chapter 1 (Local
Agency Public Construction Act) of the Public Contract Code ("LAPCA") regarding competitive
bidding.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Orange
hereby declares as follows:
SECTION 1:
That the above recitals are true and correct.
That all bids received for IFB No. 23-24.15-the El Modena Basin Public Restroom
Improvement Project are rejected.
That, in accordance with UPCCAA and OMC Section 3.08.550, and based on
staff's recommendation, the Project can be performed more economically by City
employees.
That, in accordance with the LAPCA at Section 20167,the Project's materials may
be furnished at a lower price in the open market.
That staff is directed to undertake all actions reasonably necessary to move forward
with completion of the Project,including purchase of materials on the open market,
by cooperative(piggyback purchasing)or as a sole-source purchase,or any manner
as may be appropriate and most economical, and using City employees for
installation, without further compliance with any competitive bidding.
SECTION 2. This Resolution is effective immediately upon adoption.
SECTION 3. The City Clerk shall certify to the passage and adoption of this Resolution
and shall enter the same in the Book of Original Resolutions.
Resolution No. 11509 2
ADOPTED this 12th day of December 2023.
iel R. Slater, Mayor, City of Orange
ATTEST:
aa
Pamela Coleman, City Clerk, City of Orange
APPROVED AS TO FORM:
1
Mike Vigliotta, Ci Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ORANGE
I, PAMELA COLEMAN, City Clerk of the City of Orange, California, do hereby certify
that the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 12th day of December 2023,by the following vote:
AYES:COUNCILMEMBERS: Barrios, Dumitru, Tavoularis, Bilodeau, Gutierrez,
Gyllenhammer, and Slater
NOES:COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
Pamela Coleman, City Clerk, City of Orange
Resolution No. 11509 3