HomeMy WebLinkAboutCC RES 13-101
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RESOLUTION NO 13 -10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN CALIFORNIA TERMINATING THE CONTRACT
WITH WEST COAST STORM, INC FOR ANNUAL CATCH
BASIN INSERT CLEANING AND MAINTENANCE
SERVICES AND AUTHORIZING UNITED STORM WATER,
INC TO PERFORM THESE SERVICES ON AN INTERIM
BASIS AND MAKING FINDINGS EXEMPTING SUCH
AWARD OF CONTRACT FROM THE COMPETITIVE BID
PROCESS
WHEREAS, West Coast Storm, Inc. having a contract with the City of Tustin for
the annual cleaning and maintenance of catch basin inserts and screens installed within
the public right of way and
WHEREAS, West Coast Storm, Inc. having failed to provide the cleaning and
maintenance services within 30 days after written notification as described in the
contract with the City of Tustin; and
WHEREAS, the City of Tustin having been notified by representatives of West
Coast Storm, Inc. that they are not able to provide cleaning and maintenance services
and requests termination of their contract; and
WHEREAS the maintenance of the catch basins is a public project subject to the
competitive bid requirements of Public Contract Code section 20162 et seq; and
WHEREAS, contracts otherwise subject to the competitive bid requirements may
be let without such competitive bidding in two situations. (1) if the City Council makes a
finding by a four -fifths vote that an emergency exists that requires the immediate
expenditure of public money to safeguard life, health or property and (2) when it would
not be in the public interest, such that no competitive advantage can be gained by
soliciting bids, and
WHEREAS, the City of Tustin continues to have the need for cleaning and
maintenance services for installed catch basin inserts and screens within the public right
of way
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Tustin makes the following findings. (1) to comply with the National Pollutant Discharge
Elimination System (NPDES) permit there is an immediate need to perform such
maintenance; and (2) that competitive bidding would not, at this time, result in any
competitive advantage and thus, is not in the public interest.
BE IT FURTHER RESOLVED by the City Council of the City of Tustin that the
contract with West Coast Storm, Inc. is hereby terminated AND the Director of Public
Resolution 13 -10
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Works /City Engineer is authorized to execute any necessary documentation to
effectuate such termination, and
BE IT FURTHER RESOLVED that the Director of Public Works /City Engineer is
hereby authorized to use United Storm Water Inc. to clean and maintain the catch basin
inserts and screens installed within the public right of way on an interim basis until a
new contract is approved in an amount not to exceed $48 000. and
BE IT FURTHER RESOLVED that the Director of Public Works /City Engineer
shall, as soon as practicable seek proposals to perform the work through the
competitive bid process.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the l9`h day of February 2013
Resolution 13 -10
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN
I, JEFFREY C PARKER, City Clerk and ex- officio Clerk of the City Council of the City of
Tustin, California, do hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Resolution No 13 -10
was duly passed and adopted at a regular meeting of the Tustin City Council, held on
the 19th day of February 2013, by the following vote:
COUNCILMEMBER AYES
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED.
COUNCILMEMBER ABSENT
Resolution 13 -10
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Murray, Nielsen, Gomez, Bernstein
None
None
Puckett
(4)
(0)
(0)
(1)