CC RESOLUTION 4555RESOLUTION NO. 4555
A RESOLUTION APPROVING THE AWARD OF A PUBLIC WORKS
CONTRACT PURSUANT TO PUBLIC CONTRACTS CODE §10340 (b)
(3) AND AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH REPUBLIC INTELLIGENT TRANSPORTATION
SERVICES WITHOUT THE NEED FOR COMPETITIVE BIDDING AS
OTHERWISE REQUIRED BY THE PUBLIC CONTRACTS CODE.
The City Council of the City of El Segundo does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. On May 6, 2008, the City received a proposal by Republic Intelligent
Transportation Services (the "Contractor ") to install Lighting Emitting
Diodes (LEDs) and maintenance (the "Project ");
B. Public Contracts Code §10340 (b) (3) allows the City to utilize competitive
bids from other local governments;
C. The City of Los Alamitos has an existing contract for the same purposes
that was publicly bid as set forth in the Public Contracts Code;
D. Ordinarily, the City would need to comply with the competitive bidding
requirements set forth in the Public Contracts Code related to public works
contracts for this type of project;
E. The purpose of such bidding requirements is to guard against favoritism,
improvidence, extravagance, fraud and corruption, to prevent waste of public
funds, and to obtain the best economic result for the public;
F. The facts and circumstances of this Project, however, demonstrate that
competitive bids would be unavailing or would not produce an advantage,
and the advertisement for competitive bid would thus be undesirable and
impractical for the following reasons:
The cost of the bidding would deter from the benefits received by
the City for the project;
2. The time would be expended for bidding;
3. The funding for such project is limited, and is time and criteria
sensitive; and
4. To complete the Project, Contractor will still be required to comply
with the City's standard contract requirements.
G. In waiving the competitive bid requirements otherwise required by the
ESMC, and Public Contract Code the City Council takes note of the
analysis and decisions set forth in Graydon v. Pasadena Redevelopment
Agency (1980) Cal.App.3d 631; Hodgeman v. City of San Diego (1942) 53
Cal. App.2 "d 610; Orange County Water Dist. v. Bennett (1958) 156 Cal.
App.2nd 745; and Los Angeles G &E Corp. v. City of Los Angeles (1922)
188 Cal. 307;
H. The City Engineer designed the Project and prepared the Project's plans
and specifications. The plans are now complete and the Project may be
constructed; and
The City Council wishes to obtain the immunities set forth in Government
Code § 830.6 with regard to the plans and construction of the Project.
SECTION 2: Design Immunity.
A. The design and plans for the Project are determined to be consistent with
the City's standards and are approved.
B. The design approval set forth in this Resolution occurred before actual
work on the Project construction commenced.
C. The approval granted by this Resolution conforms with the City's General
Plan.
D. The approval and authorization granted by this Resolution is intended to
avail the City of the immunities set forth in Government Code § 830.6.
SECTION 3: Authorizations.
A. The City Engineer, or designee, is authorized to act on the City's behalf in
approving any alterations or modifications of the design and plans
approved by this Resolution.
B. The City Manager is authorized to execute a contract with Contractor for
construction of the Project in a form approved by the City Attorney.
SECTION 4: The City Clerk is directed to certify the adoption of this Resolution.
SECTION 5: This Resolution will become effective immediately upon adoption.
2
PASSED AND ADOPTED this 6th day of May, 2008.
ATTEST:
a44N "
Cindy Morte n, ity Jerk
APPROVED AS TO FORM:
MARK D. HENSLEY „city A ' ne
By: (G
Karl H. Berger, Assistc7fit City Attorney