CC RESOLUTION 5051 RESOLUTION NO. 5051
A RESOLUTION AWARDING A CONTRACT FOR THE BALANCE OF
THE FIRE STATION #1 KITCHEN IMPROVEMENT PROJECT
(PROJECT NO. PW 17-06) AND AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH CINBAD INDUSTRY, INC.
WITHOUT THE NEED FOR ADDITIONAL BIDDING
The City Council of the City of EI Segundo does resolve as follows:
SECTION 1: Recitals:
A. On January 5, 2017, the City advertised bids for the Fire Station #1
Kitchen Improvement Project (Project No. PW 17-06) (hereafter,
"Project"); the City received four (4) bids and it was determined that Ayus
& Co. Inc., was the lowest responsible bidder;
B. On February 7, 2017, the City Council awarded a public works contract
(Agreement No. 5274) to Ayus & Co., Inc., and a Notice to Proceed was
issued on May 11, 2017;
C. Between May 11, 2017 and June 14, 2017, Ayus & Co. Inc. commenced
work on the Project; however, on June 14, 2017, Ayus & Co., Inc. advised
the City that it needed to surrender the balance of the contract;
D. Another contractor, Cinbad Industry, Inc., that is currently performing
similar work on the Police Department has agreed to assume the contract
between the City and Ayus & Co., Inc.;
E. The purpose of 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 City complied with the Public Contract Code's bidding requirements
and awarded the contract to Ayus & Co., Inc., as a result of the
competitive process. The City Council finds that soliciting new bids for the
balance of the Project 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:
1. The new contractor has agreed to assume the contract based
on the bid submitted by Ayus & Co., Inc., so that advertising for
competitive bids for the balance of the Project would not
produce an advantage;
RESOLUTION No. 5051
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2. Cinbad Industry, Inc., is already performing work on another
City facility (that contract having been awarded act as a result of
another competitive bid process);
3. The kitchen in Fire Station #1 has been in a state of
uncompleted construction since May 11, 2017 and Fire
Department personnel have been displaced which is adversely
impacting their ability to work effectively and respond to
emergencies in a timely manner. Accordingly, the City Council
finds that the Project must be completed as quickly as possible,
and advertising for competitive bids for the balance of the
Project would be undesirable;
4. Seeking new bids for the Project would cost the City both time
and money, resulting in an unnecessary delay to the Project.
G. In foregoing additional bidding for the Project, 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.2nd 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.
SECTION 2: Authorization. Based on the foregoing findings, the City Council
authorizes the City Manager to execute a contract with Cinbad Industry, Inc. by which it
will assume Agreement No. 5274 for construction of the balance of the Project, in a form
approved by the City Attorney. The City Manager is further authorized to take any
administrative actions necessary to implement this resolution.
SECTION 3: To the extent any other resolution pertaining to the award of contract for
the Project is in conflict with this resolution, such resolution is superseded in its entirety.
SECTION 4: If any part of this Resolution 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 Resolution are severable.
SECTION 5: The City Clerk is directed to certify the adoption of this Resolution; record
this Resolution in the book of the City's original resolutions, and make a minute of the
adoption of the Resolution in the City Council's records and minutes of this meeting.
SECTION 6: This Resolution will become effective immediately upon adoption and
remain effective unless superseded by a subsequent resolution.
RESOLUTION No. 5051
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PASSED, APPROVED, AND ADOPTED RESOLUTION No. 5051 this 15th day of
August, 2017.
Suzanne Fuentes, Mayor
ATTEST:
Tracy eaver, ity Clerk
APPROVED AS TO FORM:
Mai' . Hensley, it0torney
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
Resolution No. 5051 was duly passed, approved, and adopted by said City Council at a
regular meeting held on the 15th day of August, 2017, approved and signed by the Mayor,
and attested to by the City Clerk, by the following vote:
AYES: Mayor Fuentes, Council Member Brann, Council Member Dugan,
and Council Member Pirsztuk
NOES: None
ABSENT: Mayor Pro Tem Boyles
ABSTAIN: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of September,
2017.
Tr y Weaver, City Clerk
of the City of EI Segundo,
California