HomeMy WebLinkAboutAgenda Report - July 1, 1992 (59)or
CITY OF LODI
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COUNCIL COMMUNICATION
AGENDA TITLE: Authorize Force Account Woik for Well 24 Chain Link Fence,
640 North Stockton Street (North of Grape Bowl Stadium)
NEE WI DATE: July 1, 1992
PREPARED BY: Public Works Director
RECOMMENDED ACTUN That the City Council authorize the Public Works Department to
have the Well 24 chain link fence work done by force account.
BACKGROUND INFORMATION: Plans and specifications for the chain link fence
installation at Well 24 640 North Stockton Street) were
approved by. Council on W 20, 1992 and bid proposals were
accepted until 11 am on June 10. Unfortunately, no bids
ware submitted.
Three contractors came to City Hall and picked up sets of the plans and
specifications. All three were contacted after the scheduled hid opening and two
of them indicated they would bid on the project if it were readvertrsed; one
contractor had a delay in obtaining his bid bond and the other contractor missed'
the deadline.
Cit Attorney McNatt was asked if this project must be rebid and his research
indicates that ve do not need to do so (see attached nam dated June 12, 1992).
Staff is recommending that Council authorize the Public Wo& Department to obtain
prices for the work shown and described in the Well 24 chain link fence plans and
specifications and do the work by force account.
FLt DM Water Utility Fund.
Prepared by Wesley K. Fuj itani,
JLR/lF/lm
Attachment
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C."I
Jac L. Ronsko
Publ'c Works Director
Senior Civil Engineer
cc: City Attorney
Dater/Wastewater Superintendent
Associate Civil Enaineer - Lind
APPROVED. • `��✓ _
THOMAS A. PETERSON
City Manager
CITY OF LODI �.
MEMORANDUM FROM THE OFFICE OF THE CITY ATTORNEY
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To: Wes Fugitani, Public Works Department
prom: Bob McNatt, City Attorney
Oats: June 12, 1992
Subject: CONTRACT FOR WELL 24 IMPROVES
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I dn't recall handling a situation before in which no bids were received
on a RFP of this nature. In any event, some checking turned up public
Contracts Code Section 20166 (attached). It simply says that if no bids
are received, the "legislative boclyl may 0... have the project done
without further complying with this chapter . "
The phrase "legislative body' implies that it is necessary for the Council
(as the "legislative body") to approve whatever procedure we use to
accomplish the work.
I dm't think we would need to rebid the job or have the Council approve a
new set of plans and specs. It would be Satisfactory to get Council
authorization to have the work done by force account, either with or
without advertising.
Nothing was found in the Municipal Code which addresses this, and I have
been unable to locate any policy adopted by the Council concerning
situations of this nature.
You may want to put together a Council communication for the meeting of
July 1, simply asking the Council to approve doing the work with a force
account. I would not suggest that we simply go out and start soliciting
potential suppliers without involving the Council.
Please let me know if there are further questions or problems with thie.
ter_
P
BOB McIMATT
City Attorney
BM:vc
attachment
BID7/TXTA.01V
IN
§ 20165 CONTRACTING BY LOCAL AGENCIES
Div, 2
project which would be subject to Section 1601 or Section 1603 of the
Fish and Came Code, shall include any conditions or modifications
established pursuant to Section 1601 of the Fish and Game Code.
(Added by Stats.1982, a 465, p. 1921, § 11.)
Hiistorlcal Note
Derivation: Gov.C, former § 37903.5,
added by Stat3.1976, a 603, p. 1452, § 7.
Cross References
Similar section, counties, see § 20126.
Library References
Municipal Corporations c-2.37, 331.
C.J.S. Municipal Ccgm ati= §§ 997,
999, 1150.
6,r 20166. Bids: rejection and readvertisernent; choice of Identical
/ bids: none received
In its discretion, the legislative body may reject any bids presented and
readvertise, If two or more bids are the same and the lowest, the
legislative body may accept the one it chooses. ' If no bids are received,
the legislative body may have the project done without further comply-
ing with this chapter.(
j (Added by Stats.1982, e. 465, p. 1921, § 11.)
Historical Note
Derivation: Gov.C. former 137904. add- p. 18.3, § 6; Stata.1933. c. 516, p. 1334, 1 27;
ed bySkts.1949, c. 79, R 165, § 1. amended Stats.1939, c. 306, p. 1579, § 1; Stats.1941,
by Stats.1951. c. 609, p. 1771, § 1. c. 741, p. 2259, 1 1- Stats.1941, c. 1034, p.
Stats.1883, c. 49, p. 274, 1 874; State. 2672 § 1; Stata.193, c. 49, p, 258, § 777;
1891. c. 59, p. 55, § 1; Stats.1897, c. 87, P. St.ats.1891, c. 58,pp. 54, § 1; Stats.1915, c.
89,1 1; Stats.1913, c. 27, p. 32, 1 1; Stats. 663, p. 1304, § 1; Stata.1941, c. 741, p. 2260.
1929, c. 294 p. 598, 1 3; Stats.1931, c. 131, § 2- State. 1941, c. 1034, P. 2673, 1 2
Library References
Municipal Corporations 0=240, 241.
C.J.S. Municipal Corporations § 1005.
§ 20167. Performance of project after rejection of bids; resolution
After rejecting bids, the legislative body may pass a resolution by a
four-fifths vote of its members declaring that the project can he per-
formed more economically bX day labor,, or the materials or supplies
furnished at a lower price in the open market. Upon adoption of the
266
RESOLUTION NO. 92-112
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A RESOLUTION OF THE LODI CITY COUNCIL
AUTHORIZING FORCE ACCOUNT WORK FOR WELL 24
CHAIN LINK FENCE, 640 NORTH STOCKTON STREET
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WHEREAS, in answer to notice duly published in accordance with
law and the order of this City Council, bid proposals were accepted
until 11:00 a.m. on June 10, 1992 Cor the bid for Well 24 Chain Link
Fence, 640 North Stockton Street (north of the Grape Bowl Stadium),
described in the specifications therefor approved by the City Council
on May 20, 1992; and
WHEREAS, no bids were submitted for the project;
NOW, THEREFORE, BB IT RESOLVED that the Lodi City Council hereby
authorises the Public Works Department to obtain prices for the work
and have the Well 24 Chain Link Fence work dome by force account.
Dated: July 1, 1992
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I hereby certify that Resolution No. 92-112 was passed and
adapted by the City Council of the City of Lodi in a regular meeting
held July 1, 1992 by the following vote:
Ayes= Council Members - Hinchman, Sieglock, Snider and
Pinkerton (Mayor)
Noes: Council Members - None
Absent: council Members - Pennino
aw V40CAV
Alice M. Ireimche
City Clerk
92-112