00 Poppy TrailFriday, April 19, 2013 11:19 AM
Subject: RE: Bleachers
Date: Friday, April 19, 2013 10:31 AM
From: Michael Jenkins <mjenkins@Iocalgovlaw.com>
To: Anton Dahlerbruch adahlerbruch@cityofrh.net
As long as the cost is expected to be below $5,000, you are not obligated to bid it. You could engage Caballeros to
install the bleachers. However, it is clearly a public project that would trigger the requirement for payment of
prevailing wages under the Labor Code. Thus, whatever contractor is hired to assemble and install the bleachers
would need to pay prevailing wages to their employees on the job. Would that kick it over the $5,000? You don't, of
course, count the cost of our building department in determining whether it exceeds the $5,000 threshold.
Mike
Page 1 of 1
On 6/6/12 11:58 AM, "Michael Jenkins" <mjenkins@localgovlaw.com> wrote:
> The lease between the City and the RHCA requires that the RHCA "maintain" the
> equestrian facilities, and that the City reimburse for half the cost of
> maintenance, not to exceed $5,000 per year. The lease is otherwise silent on
> the question of which party is responsible for major capital improvements or
> renovations to the equestrian facilities. Hence, the cost for such major
> improvements has not been contractually delegated to the RHCA.
> The equestrian facilities are owned by the City, and consequently constitute
> public facilities. Under the Public Contract Code, improvements, renovations,
> repairs, etc. to a public facility that exceed $5,000 and are to be paid from
> City funds must be put out to bid and prevailing wages must be paid. The only
> exception is if a private group proposes to perform the improvements with
> private funds as a donation to the City.
> You have indicated that the Cabelleros have proposed a renovation project, and
> you have asked whether it is permissible for the City to give funds to the
> Cabelleros to perform the proposed project. The answer is "no;" this would
> constitute a public works project if the cost exceeds $5,000 and would have to
> be performed by the City. The governing law is found in Section 20161 of the
> Public Contract Code, which provides as follows:
> 20161. As used in this chapter, "public project" means:
> (a) A project for the erection, improvement, painting, or repair
> of public buildings and works.
> (b) Work in or about streams, bays, waterfronts, embankments, or
> other work for protection against overflow.
> (c) Street or sewer work except maintenance or repair.
> (d) Furnishing supplies or materials for any such project,
> including maintenance or repair of streets or sewers.
> As you see, "maintenance" is not an exception to the requirement to go to bid
> (except when it comes to street and sewer work). Generally speaking,
> janitorial -type services are excluded from the bidding requirement, as are
> repairs, etc. that cost less than $5,000. As you note from paragraph 9(a) of
> the lease, we limit the City's "maintenance" obligation to $5,000 per year, in
> part because that is the Public Contract Code threshold, above which projects
> must be bid.
> At bottom, it is within the Council's prerogative to consider and approve a
> project for improvement of the equestrian facilities with City funds.
> Further, I do not believe that a lease amendment with the RHCA is required.
> The plans and specifications for such a project would have to be approved by
> the Council and the project awarded to the lowest responsible bidder.
> A redline version of the proposed letter to Caballeros is attached for your
> consideration. Let me know if you have any questions.
> Mike
> Michael Jenkins
> JENKINS & HOGIN, LLP
> Manhattan Towers
> 1230 Rosecrans Avenue, Suite 110
> Manhattan Beach, CA 90266
> Tel: 310.643.8448 - Fax: 310.643.8441
> MJenkins@LocalGovLaw.com
> www.LocalGovLaw.com
>
> This is a transmission from the Law Firm of Jenkins & Hogin, LLP. The
> Information contained in this email is confidential and may be protected by
> the attorney -client and/or attorney work product privileges. This information
> is intended solely for the use of the individual or entity to whom it is
> addressed.
0,
•
ursday, December 13, 2012 2:37 PM
Subject: 00 Poppy Trail As Built Drawing
Date: Thursday, December 13, 2012 2:35 PM
From: Carley Lucio <carley@lucioconstruction.com>
To: <ys@cityofrh.net>
Cc: Craig Lucio <craig@Iucioconstruction.com>
Yolanta,
Please see the attached as built drawing that was approved by the
Lomita building department this morning for your records.
Thank you,
Carley Lucio
Lucio Construction Inc.
P: 310 727-9843
F: 310 727-9848
www.lucioconstructioninc.com
Page 1 of 2
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