CC RESOLUTION 5595RESOLUTION NO. 5595
A RESOLUTION AUTHORIZING THE PUBLIC WORKS DIRECTOR TO
REVIEW AND APPROVE SUBSTITUTION OF SUBCONTRACTORS
FOR THE RENOVATION OF TEEN CENTER, PLAZA, AND SKATEPARK
AT RECREATION PARK, PROJECT NO. PW 25-13, IN ACCORDANCE
WITH PUBLIC CONTRACT CODE § 4107.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The City is undertaking the renovation of the Teen Center, Plaza, and
Skatepark at Recreation Park, Project No. PW 25-13 ("Project');
B. The City Council has awarded, or will award, a construction contract for
the Project in accordance with applicable law and the Plans and
Specifications;
C. The Subletting and Subcontracting Fair Practices Act (Public Contract
Code §§ 4100 et seq.) governs the listing and substitution of
subcontractors on public works projects;
D. Public Contract Code § 4107 establishes the exclusive statutory grounds
and procedures under which a listed subcontractor may be substituted,
including required notice and opportunity to object;
E. Subcontractor substitutions may arise during construction of the Project in
accordance with applicable law;
F. Public Contract Code § 4107(a) allows the City Council, as an "awarding
authority" to authorize a City officer to consent to or deny a request for
subcontractor substitution;
G. The City Council also believes that delegating administrative authority to
the Public Works Director to review and approve subcontractor
substitutions will facilitate efficient project delivery, provided any
subcontractor substitution for the Project is administered in strict
compliance with state law.
SECTION 2: Authorization,
A. The City Council hereby authorizes the Public Works Director, or designee
to:
Review, evaluate, and approve requests for substitution of
subcontractors for the Project during construction, strictly in
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accordance with Public Contract Code §§ 4100 et seq., including
Section 4107;
2. Determine whether the statutory grounds for substitution have been
satisfied and whether all procedural requirements, including notice
and opportunity to object, have been properly met;
3, Administer the subcontractor substitution process, including issuing
required notices, receiving, and evaluating objections, and making
determinations in accordance with Public Contract Code § 4107;
and
4. Act on the City's behalf in approving such subcontractor
substitutions and executing any necessary documentation
memorializing such approval.
B, Nothing in this Resolution authorizes substitution of a listed subcontractor
except as expressly permitted under Public Contract Code § 4107 and
other applicable law.
C. Nothing in this Resolution shall be interpreted to permit the addition of
subcontractors for work that was required to be listed at the time of bid
submission, except as permitted under Public Contract Code § 4107.
SECTION 3: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 4: This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this 19th day of May, 2026.
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APPROVED AS TO FORM:
Mark D. Hensley, City Attorney
CD�', p
Chris Pimentel, Mayor
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO 1
I, Susan Truax, City Clerk of the City of El Segundo, California, do hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5595 was duly passed, approved, and adopted by said City Council at a
regular meeting held on the 19th day of May, 2026, approved and signed by the Mayor,
and attested to by the City Clerk, by the following vote:
AYES: Mayor Pimentel, Mayor Pro Tern Baldino, Council Member Boyles,
Council Member Giroux, and Council Member Keldorf
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 19t" day of May, 2026.
of the City of
Segundo,
California
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