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HomeMy WebLinkAboutR-9325 Submitting to Voters on 11-05-2002 a Proposed Charter Amendment Amending Charter Section 901 Concerning Public Works Contracts• 0 RESOLUTION NO. 9325 (2002 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SUBMITTING TO THE VOTERS AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 512002, A PROPOSED CHARTER AMENDMENT WHICH WOULD AMEND CHARTER SECTION 901 CONCERNING PUBLIC WORKS TO BE DONE BY CONTRACT WHEREAS, Charter Section 901 provides that every public works project involving an expenditure of more than the amount specified in Public Contract Code Section 20162 (currently $5,000.00) shall be let by contract to the lowest responsible bidder; and WHEREAS, Job Order Contracts are competitively bid, fixed- unit -price, indefinite quantity contracts for the accomplishment of repair, alteration, maintenance, modernization, refurbishment, rehabilitation and repetitive construction work needed for City facilities and infrastructure; and WHEREAS, the Uniform Public Construction Cost Accounting Act provides for construction projects valued less than $100,000 to be awarded by informal bids based on clearly defined criteria in the Public Contract Code; and WHEREAS, the adoption of both methods of awarding public works contracts provides an enhancement to the City's ability to deliver Capital Improvement Plan projects and is consistent with the City's Mission Statement that mandates services be delivered in the most cost - effective manner possible; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. A proposed Charter amendment is hereby ordered to be submitted to the voters at the General - Municipal Election to be held on Tuesday, November 5, 2002, for the purpose of voting upon a proposed Charter Amendment as hereinafter set forth. 2. The proposed Charter amendment would amend Charter Section 901 concerning Public Works to Be Done by Contract by allowing maintenance related public works contracts to be awarded on a competitively bid unit price basis consistent with the provisions for unit price contracts contained in Public Contract Code Section 20128.5, et seq.; and other public works contracts to be awarded by informal bid consistent with the Uniform Public Construction Cost Accounting Act (Public Contract Code Section 22032, et seq.). Said proposed Charter amendment amends Charter Section 901 to read as follows: R 9325 • Resolution No. 9325 (2002 Series) Page 2 (The portions of the Charter to be added are underlined.) "SECTION 901. PUBLIC WORKS TO BE DONE BY CONTRACT "(A) except as provided in subsection (D) of this section, every project involving an expenditure of City monies of more than the amount specified in Section 20162 of the Public Contract Code of the State of California, as the same now exists or may hereafter be amended for the construction or improvement of public buildings, works, drains, sewers, utilities, parks, playgrounds, and streets (exclusive of projects for resurfacing, maintenance, and repair of streets) shall be let by contract to the lowest responsible bidder after notice by publication in the official newspaper by one or more insertions the first of which shall be at least ten (10) calendar days before the time for opening bids. "(B) All bids shall be accompanied by either a certified or cashier's check, or a bidder's bond executed by a corporate surety authorized to engage in such business in California, made payable to the City. Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified then in an amount not less than ten percent (10 %) of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract, within the time specified in the notice inviting bids or specifications referred to therein, the amount of the bidder's security shall be declared forfeited to the City and shall be collected and paid into its general fund and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund. The Council may eject any and all bids presented and may readvertise at its discretion. "(C) The Council, after rejecting bids or if no bids are received, may declare and determine that, in its opinion, based on estimates approved by the City Administrative Officer, the work in question may be performed better or more economically the City with its own employees and after the adoption of a resolution to this effect by at least four (4) affirmative votes of the council and containing a declaration of the facts constituting such urgency. "(D) Nothing in this section shall be construed to apply to any project involving the expenditure of City monies by the City for public works in cooperation with a developer or subdivider for oversized facilities or such cooperative extension or replacement of mains and appurtenances. For those projects the City shall have the authority to make funds available to the cooperating developer or subdivider on a fixed formula basis established at least annually by Council resolution. "(E) Notwithstanding any provisions of this Charter to the contrary, the City may perform maintenance related projects using a unit price contract for all necessary labor, materials, and equipment provided such contracts are secured on a competitive basis as otherwise required by Public Contract Code. Section 20128.5. 0 o Resolution No. 9325 (2002 Series) Page 3 4. The ballot format for the proposal to amend Section 901 shall be substantially as follows: CITY MEASURE Shall City Charter Section 901 be amended to allow maintenance related projects to be performed using a unit price YES contract awarded on a competitive bid basis consistent with the provisions for unit price contracts contained in Section 20128.5 of the Public Contract Code; and other public works NO contracts to be awarded consistent with the Uniform Public Construction Cost Accounting Act, Section 22000, et seq of the Public Contract Code? 5. The proposed Charter amendment shall pass only if a majority of the votes cast by voters for the Charter amendment are "Yes" votes. 6. The City Clerk shall certify to the passage and adoption of this resolution and shall publish and circulate the Resolution in accordance with the requirements of the California Elections Code. 7. This Resolution shall take effect upon its adoption. Upon motion of Council Member Mulholland, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 18th day of June 2002. Resolution No. 9325 (?002 Series) Page 4 Mayor Allen Settle ATTEST: Citv Cle APPROVED AS TO FORM: mc. ity Attorney 5� lY �'