ORDINANCE 1583ORDINANCE NO. 1583
AN ORDINANCE AMENDING EL SEGUNDO MUNICIPAL CODE
CHAPTER 1-7C TO INCREASE THE DOLLAR LIMIT FOR THE
ADMINISTRATIVE, "NO BID" AWARD OF PUBLIC WORKS PROJECTS
IN ACCORDANCE WITH STATE LAW.
The City Council of the City of EI Segundo does ordain as follows:
SECTION 1. The City Council finds and determines as follows:
A. On January 17, 2006, the City Council adopted Resolution No. 4449
wherein the City elected to become subject to the Uniform Public
Construction Cost Accounting Act (Pub. Cont. Code §§ 22000, et seq.;
"Act") for purposes of contracting maintenance work;
B. On April 7, 2015, the City Council adopted Resolution No. 4911 electing to
become subject to the Act for purposes of all "public projects" as defined in
the Act;
C. Prior to 2019, the Act authorized public projects of $45,000 or less to be
performed by the employees of a public agency by force account, by
negotiated contract, or by purchase order, and public projects of $175,000
or less to be let to contract by informal procedures established by the Act;
D. On January 1, 2019, Assembly Bill 2249 (Cooley) became law; the bill
increased the dollar limits for such projects to $60,000 and $200,000,
respectively, due to rising public construction costs;
E. The City Council desires to increase the amount for those public projects
performed by force account, negotiated contract or purchase order, in
accordance with state law.
SECTION 2, EI Segundo Municipal Code (" ESMC") § 1-7C-4 is amended as follows:
1-7C-4: SOLICITING BIDS AND AWARDING CONTRACTS:
The city manager may solicit bids, award contracts, and execute contracts
for public projects up to forty five sixty thousand dollars ($447000-.W
60,001.00). Contracts for public projects costing more than feFty five sixty
thousand dollars ($45, 0 60.000.00) must be awarded by the city
council.
SECTION 3. ESMC § 1-7C-7 is amended as follows:
1-7C-7: BID SECURITY:
A. Bid security is required for all bids on public projects when the city manager
estimates that the price will exceed feFty five sixty thousand dollars ($457
60,000.00). 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 of ferty five sixty thousand dollars ($45 0 60,000,00) or less when
the city manager 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 nonresponsive.
D. Bid security will be forfeited or paid to the city should the bidder fail to execute
a contract within the time specified in the notice inviting bids.
SECTION 4. Environmental Assessment. The City Council finds that the Ordinance is
exempt from additional environmental review under the California Environmental Quality
Act (Cal. Pub. Res. Code §§ 21000, et seq. "CEQA") and CEQA regulations (14 Cal.
Code of Regs. §§ 15000, et seq.) because it establishes rules and procedures to permit
operation of existing facilities and consists only of minor revisions and clarifications to
existing regulations. This ordinance, therefore, does not have the potential to cause
significant effects on the environment. Consequently, it is categorically exempt from
further CEQA review under 14 Cal. Code Regs. §§ 15301, 15305.
SECTION 5. Validity of Previous Code Sections. If the entire Ordinance or its application
is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other
regulation by this Ordinance will be rendered void and cause such ESMC provision or
other regulation to remain in full force and effect for all purposes.
SECTION 6. Validity of Previous Code Sections. If the entire Ordinance or its application
is deemed invalid by a court of competent jurisdiction, any repeal of the ESMC or other
regulation by this Ordinance will be rendered void and cause such ESMC provision or
other regulation to remain in full force and effect for all purposes.
SECTION 7. Enforceability. Repeal or amendment of any previous Code Sections does
not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and
imposition of penalties for any violation occurring before this Ordinance's effective date.
Any such repealed part will remain in full force and effect for sustaining action or
prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8. Severability. 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 provision or application and, to this end, the
provisions of this Ordinance are severable.
RESOLUTION NO. 1583
PAGE 2
SECTION 9. The City Clerk, or her duly appointed deputy, is directed to certify the
passage and adoption of this Ordinance; cause it to be entered into the City of EI
Segundo's book of original ordinances; make a note of the passage and adoption in the
records of this meeting; 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 10. Effective Date. This Ordinance will become effective on the 31St day
following its passage and adoption.
PASSED AND ADOPTED RESOLUTION NO. 1583 this 21St day of May, 2019.
ATTEST:
Tracy Weaver, y Clerk
APPROVED AS TO FORM,
L--
Pop—
MarW D. Hensley,i Attorney
Drew So ayor
RESOLUTION NO. 1583
PAGE 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of EI 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. 1583 was duly introduced by said City Council at a regular meeting held
on the 7th day of May, 2019, 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 21 st day of May, 2019, and the same was so passed
and adopted by the following vote:
AYES: Mayor Boyles, Mayor Pro Tem Pirsztuk, Council Member Brann, Council
Member Pimentel, and Council Member Nicol
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of June, 2019.
lacy Weaver, City Clerk
of the City of EI Segundo,
California