SR-8-A (161)f lattylmunilstrptslm~ml~ubwork 2d
C~#y Council Meet~ng 12-22-98
TO Mayor and City Council
FROM City Staff
~i,~ ,-#~~q 3I Q
C~ ~
~~~~~ DEC 2 21998
~~~P.~l~~ fZ-f5-~8 8C~
Santa Monica, Cal~~ornia
SUBJECT An Ordinance of the C~ty Cauncil of the City of Santa Mornca Amending
Murncipal Code Section 2 24 ~71 Relatmg to Pul~lic Works Contracts
I Q Tt N
At its meeting on December ~5, 1998, the City Council introduced for first reading an
ordinance amending Santa Monica Munic~pa~ Code Sect~on 2 24 071 reiatmg to publ~c
works contracts T~e ord~nance is n~w presented to the City Cauncil for adap#ion
RECOMMENDATIpN
It is respectfully recommended that the accompanymg ordmance be adopted
PREPARED BY
Marsha Jones Moutr~e, C~ty Attorney
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DEC22~
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f lattylmuniliawslemlpubwork ord
City Cauncd Meeting ~ 2-22-98 Santa Monica. CalEfomia
~RDINANCE NUMBER 1931
(City Counc~l Series)
AN ORDINANCE OF THE CITY COUNCIL ~F THE
CITY OF SANTA MONICA AMENDING SANTA MONICA
MUNiCIPAL CODE SEGTION 2 24 07~ RELATlNG TO
PUB~IC WaRKS CONTRACTS
THE CfTY COUNCIL OF THE CITY OF SANTA MONICA DQES HEREBY ORDAIN
AS FOLLOWS
SECTION 1 Santa Monica Mun~cipal Code Section 2 24 071 ~s hereby amended
to reacf as fallows
Section 2.24.071. Public works contrac#s.
(a} Every contract involvmg an expenditure of more thar~ twenty-
five thousand do~lars for public works proJects includmg, but not limited to,
the construction of publEC buGldings. streets, drains, sewers, utilit~es and parks
shall be let to the lawest responsible bidder after not~ce by pubficat~on in a
newspaper of general circulation in the City af Sa~ta Manica by two or more
insertions, the first of which shall be published at ieast ter~ days before the
time for apenrng brds
(b} Public works cor~tracts of twenty-five tho~sand dollars or less
may bE E~# to contract by mforma! purchasmg procedures as set forth m
Section 2 24 09a(2)
(c} For public works pro~ects estimated to exceed one miilion
doiiars ~n cost or for public works pro~ects with u~iqu~ or complex
~
characteristics, the City Manager may authar~ze a phased selection process
for determm~ng the lo-~vest responsible b~dder if the charactenst~cs of the
pro~ect, mcluding. but not limrted to its sEZe, compiexity, uniquene55 Or
potent~al impaci upon the City, are such that a phased process woufd best
effectuate the public interest The phased selection process shall soiicit.
re~iew and e~aluate the qualificatrons of ~rospec#i~e bidders in accvrdance
with the critena set forth in Santa Mon~ca Mun~cipal Code Section 2 24 072.
w~t~ proJect specifications and with sucf~ admin~strative instruct~ons, rules,
and regulations as may be issued by the City Manager The lowest
responsible bidder shall be campetiti~ely selected frorr~ those prospecti~e
bidders whv have been determined as qualified ta responsibly complete the
pra~ect in accordance with applicable City critena The City Manager is
authar~zed to Essue actministratE~e mstruct~ans, rules, and reguiations as
necessary for t~e purpose of satisfying the requirements of this $~bsection
(d) The C~ty Council may re~ect any and all bids recei~ed whenever
in the opir~ion of the City Counci!
(1) The bid or b~ds do nat comply with the bid notice and
specif~cations,
(2) The proposed pro~ect or p€~rchase should be a#~andoned
or delayed,
{3) The materials or services may be purchased more
reasonably on the open market or the work done less expensively by City
persdn~el,
.
:
(4) The bids are higher than ant~cipated and a new call for
b~ds wauld result in savings to the City, or
(5) The best ~nterests of the Ci#y would be senred by a
re~ection of all b~ds
(e) By twa-#hirds affirmatEVe ~ate of its membershtp. the C~ty
Council may forego th~ bidding pracec~~res otherwise required by this
Section if the C~ty Council finds that
(1 } The goods or services car~ be purchased more
economically on the open market,
(2) There exists no compet~t~ve marke# fo~ the provision of
the goocls or services necessary to construct the public works pro~ect, or
(3) Due to urgent necess~ty, the public heafth, welfare or
safety wouid be ~eopardized if the bidding procedures of this Sectivn were
followed
(4} Qunng any penod of a declared state of local
emergency, the City Manager or the Director of Emergency Ser~ices is
authorized to implement such pract~ces. polic~es and ~roced~res for the
construction, maintenance. or repa~r of publac works pro~ects as are
necessary ta protect the pubiic health, welfare or safety without otherwise
complying with this Section, if the City Manager or the Directar of Emergency
Ser~~ces finds that complymg with this Section would cause unnecessary
expense ar ~efay The City Manager or Dfrecto~ of Emergency Services
shall report all such findings at a reg~alar meeting of the C4ty Council no later
e
~
than thir~y days after making the findmg
SECTION 2 Any pro~tsion of the Santa Monica Mun~c~pal Code or appendices
thereto inconsisten# with the ~rovisions of this Ordinance, to the e~ctent of s~ach
~ncansrstenc~es and no further. is hereby repeafe~ or modifred ta that extent necessary to
effect the prov~sions of this Ordinance
SECTION 3 If any section, subsect~on, sentence, clause, or phrase of this
O~danance ~s for any reason held to be invalid or unconstE#utional by a dec~sion of any court
of com~etent ~urisdiction. such decisian shal! r~ot affect the validity af the remaming
portions af this Ordinance The City Council hereby declares that it would ha~e passed this
Ordfnance and each and every section, subsection, senter~ce, ciause, or phrase not
declared invaltd or uncons#itutional without regard to whether any portion of the ordrnance
would be subsequently decla~ed in~alid or unconstitutional .
SECTiQN 4 The Mayor shall sign and the City Clerk shall attes# to the passage of
this Ordinance The City Clerk shall cause the same ta be p~bfished once ir~ the offic~al
newspaper v+rithin '~ 5 days after its adoption This Ordmance shalt become effECt~~e 30
days from its adaption
APPROVED AS TO ~ORM
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Mf~RSHA JqNES MOU RIE
Cifq'Attorrrey
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Pa~ ~~`Connor, \.ia~-or
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State of California )
Count~~ of Los .~nqeles ) ss
Crt~- of Santa 11~1oEUCa )
I. 1laria \~i Ste~~~art, Cit}- Clerk of the ~it~- of Santa Mon~ca. da hereb~- certif~ that the faregoing
Ordrnance I~o I9 ~ 1(CCS) had its first readina on December 1~, 1998, and v,.~as adopted on
Dece~nber ~?. 1998 b~~ the folloti;ine ~~ote
:~~~es Councri members Feinstein. Genser_ Holbrook. ~~c~eo«n. O`Connor
'~aes Council members Vone
abstain Council mernbers '_~one
_16sent Council members Rosenstein
~TTEST
_ ~~,.L,"..~~,~ ~e,.~
'1•laria 1~~1 Ste«.~art_ Cin ~C'lerk