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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