ORDINANCE 1391ORDINANCE NO. 1391
AN ORDINANCE ADDING A NEW CHAPTER 7C TO TITLE 1 OF THE
EL SEGUNDO MUNICIPAL CODE ENTITLED "PUBLIC WORKS
CONTRACTS."
The city council of the city of El Segundo does ordain as follows
SECTION 1 The City Council finds and determines as follows
A By Resolution No 4449 , adopted Jan. v, 2006the City opted to
become subject to the Uniform Construction Cost Accounting Act (Public
Contract Code §§ 22000, et seq ),
B The City Clerk will notify the California State Controller regarding the City's
adoption of Resolution No. 4449
C In order to take advantage of the informal bidding procedures set forth in
the Act, Public Contract Code ( "PCC ") § 22034 requires that the City
adopt an ordinance establishing bidding procedures for maintenance work
as defined in PCC § 22032(d),
D It is in the public interest to adopt informal bidding procedures for projects
involving routine, recurring, and ordinary work for preserving and
protecting public property including, without limitation, minor painting,
landscape maintenance, and other, similar, types of activities
SECTION 2 A new Chapter 7C, entitled "Public Works Contracts" and consisting of §§
1 -7C -1 to 1- 7C -10, is added to Title 1 of the El Segundo Municipal Code ( "ESMC ") to
read as follows
"Chapter 7C"
PUBLIC WORKS CONTRACTS
Sec. 1-7C-1:
Purpose.
See. 1-7C-2:
Applicability.
Sec. 1-7C-3:
Definitions.
Sec. 1 -7C-4:
Soliciting Bids And Awarding Contracts.
Sec. 1 -7C -5:
Qualified Contractors.
Sec. 1 -7C -6:
Notice Inviting Bids.
Sec. 1 -7C -7:
Bid Security.
Sec. 1 -7C -8:
Bid Opening.
See. 1 -7C -9:
Award.
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Sec. 1- 7C -10: Bonds And Insurance.
Sec 1 -7C -1 Purpose
This chapter is adopted pursuant to the city's police powers and California
Public Contract Code § 22034, and any succeeding or related statutes, for
the purpose of implementing the informal bid procedures set forth in the
Uniform Public Construction Cost Accounting Act (Public Contract Code
§§ 22000, et seq.)
Sec 1 -7C -2 Applicability
This chapter may be used for public protects with a value equal to or less
than the amount set forth in Public Contract Code § 22032(b), and any
successor statute or regulation, or, when applicable, as established
pursuant to Public Contract Code § 22020
Sec 1 -7C -3 Definitions.
Unless the contrary is stated or clearly appears from the context, the
definitions in Public Contract Code § 22002 and set forth below will govern
the construction of the words and phrases used in this chapter
A. "City Manager" means the city manager or designee,
B "Public project" means "maintenance work" as defined in Public Contract
Code § 22002(d) and other work that falls outside the definition of "public
project" set forth in Public Contract Code § 22002(c)
Sec 1 -7C -4 Soliciting Bids And Awarding Contracts.
The city manager may solicit bids, award contracts up to $10,000, and
execute contracts for public projects. Contracts for public projects costing
$10,000 or more must be awarded by the city council
Sec 1 -70-5 Qualified Contractors
The public works department will maintain a list of qualified contractors,
identified according to categories of work Any licensed contractor
requesting to have its name placed on this list must be included The list
may be periodically revised to remove inactive names. A name may be
deemed inactive if
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A Letters addressed to the contractor at its last known address are returned
without a forwarding address;
B The contractor does not obtain plans for, or bid on, a public project for two
years;
C The contractor's license is revoked or suspended by the California State
Licensing Board,
D The contractor removes its name, or
E For other good cause as determined by the city manager
Sec 1 -7C -6 Notice Inviting Bids
A The notice inviting bids must describe the project in general terms,
indicate how to obtain more detailed information regarding the project, and
state the time and place for submitting bids
B Unless the product or service is proprietary, not less than ten (10)
calendar days before the date set for opening bids, the city manager must
notify contractors using one or both of the following methods
Mad notices to each contractor on the list for the category of work to
be performed,
2 Mad notices to each of the construction trade journals specified in
Public Contract Code § 22036
Sec 1 -7C -7• Bid Security
A Bid Security is required for all bids on public projects when the public
works director estimates that the price will exceed $30,000 Bid security
may be a bond issued by a licensed and duly qualified corporate surety, or
the equivalent in cash, money order, cashier's check, certified check,
unconditional letter of credit, or other form approved by the city attorney
Nothing in this section prevents the city from requiring bid security on
public projects less than $30,000 when the public works director believes
such security is needed to protect the city's interests
B Bid security must equal at least ten percent (10 %) of the bid amount
C If the notice inviting bids requires a bid security, noncompliance or
defective, inadequate, or incomplete security will render the bid
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nonresponsive.
D. Bid security will be forfeited or paid to the city should the bidder fad to
execute a contract within the time specified in the notice inviting bids
Sec 1 -7C -8 Bid Opening
The city clerk, or designee, will publicly open all bids in the presence of
one or more witnesses at the time and place specified in the invitation for
bids Late, misplaced, or unsealed bids cannot be considered If no bids
are received, the city may proceed as set forth in Public Contract Code §
22038
Sec 1 -7C -9 Award
A The contract may be awarded to the lowest responsible bidder if the city
manager or city council considers the bid to be reasonable, sufficient
funds are appropriated for the public project, and the bid is within the limits
specified by Public Contract Code § 22032(b) or, if applicable, Public
Contract Code § 22020
B Should all qualified bids exceed the limits in Public Contract Code §
22032, the city council may, by adopting a resolution upon four -fifths vote,
award the contract, provided the award is expressly authorized by Public
Contract Code § 22034(f)
C Nothing in this section restricts the city from taking any action set forth in
Public Contract Code § 22038
Sec 1 -7C -10 Bonds And Insurance
Contractors awarded a contract under this chapter are required to provide
sureties and insurance in forms approved by the city attorney and
conforming with the contract documents "
SECTION 3 If any part of this Ordinance or its application is deemed invalid by a court
of competent jurisdiction, the City Council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions
of this Ordinance are severable
SECTION 4 The City Clerk is directed to certify the passage and adoption of this
Ordinance, cause it to be entered into the city of El Segundo's book of original
ordinances, make a note of the passage and adoption in the records of this meeting,
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and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it
to be published or posted in accordance with California law
SECTION 5 This Ordinance will take effect on the 31st day following its final passage
and adoption
PASSED AND ADOPTED this 17th day
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ATTEST
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES } SS
CITY OF EL SEGUNDO )
I, Cindy Mortesen, 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
Ordinance No 1391 was duly introduced by said City Council at a regular meeting
held on the 20th day of December , 2000, and was duly passed and
adopted by said City Council, approved and signed by the Mayor, and attested to by the
City Clerk, all at a regular meeting of said Council held on the 17th day
of January , 2006, and the same was so passed and adopted by the
following vote
AYES McDeowell, Boulgarides, Busch, Jacobson
NOES- None
ABSENT Gaines
ABSTAIN. None
9dll)
Cindy Mort en, City Clerk
APPRi
Mark C
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