Hermosa Beach

City Council

May 23, 2023 Order of Business 11 #n

Agenda Item n

n) REPORT AWARD OF CONSTRUCTION CONTRACT FOR CIP 617\n23-0286 CIVIC CENTER CHARGING STATIONS\n(Environmental Programs Manager Douglas Krauss)\nRecommendation: Staff recommends City Council:\n1. Rescind the award of the construction contract for CIP 617 Civic Center Charging\nStations ("Project") in the amount of $65,732.76 to TurnOnGreen, Inc;\n2. Award the construction contract for the Project in the amount of $65,732.76 to\nMacano Tech, LLC ("Contractor") (Attachment 1);\n3. Authorize the City Manager to execute the contract and the City Clerk to attest,\nsubject to approval by the City Attorney; and\n4. Make the following findings:\na. Any further competitive bidding would be contrary to the public interest because (1)\nthe City solicited proposals for the Project, (2) each proposal received for the Project\nwas for an unlicensed firm in the business of furnishing the equipment needed for the\nProject proposing to subcontract to a licensed contractor for the construction work of\nthe Project, (3) Contractor was listed by the proposer who submitted the lowest\nproposal as its proposed subcontractor, and (4) an award to Contractor is consistent\nwith what the proposal results would have been had each proposer properly structured\ntheir bids such that a licensed contractor was the prime-proposer; and therefore\nbecause competitive bidding laws are not to be applied in a manner which results in an\nincongruity or result in no competitive advantage, the City finds that this contract is\nexempt from any further competitive selection process on such basis; and\nb. Any and all irregularities in the proposal prompting the award to Contractor are\nhereby waived as conferring no competitive advantage.