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HomeMy WebLinkAboutReso - CC - 073-2006RESOLUTION NO. 73-2006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME DETERMINING THAT AN EMERGENCY EXISTS REQUIRING THE AWARD OF A REPAIR CONTRACT FOR MILLS CANYON WITHOUT FORMAL BIDS AND AWARDING CONTRACT FOR EMERGENCY REPAIRS TO HILLSIDE DRILLING COMPANY RESOLVED, by the City Council of the City of Burlingame: WHEREAS, the winter of 2006 caused damage to the Mills Canyon area; and WHEREAS, after careful examination of the area and preliminary stabilization efforts, it is necessary to proceed with interim repair and stabilization work to protect Mills Creek and adjacent properties; and WHEREAS, the rainy season will shortly arrive, and it is crucial that this work be completed by mid-October; and WHEREAS, the exact nature and extent of the work and the actual soils conditions will only be determined after it is underway; and WHEREAS, the City elected to become subject to the provisions of the Uniform Public Construction Cost Accounting Act to govern public works contracts in Resolution No. 59-93; and WHEREAS, the City has sought informal bids from three qualified companies who have each submitted bids, and Hillside Drilling Company was the lowest, responsible bidder; and WHEREAS, there is a substantial evidence that the current situation constitutes an emergency under the Public Contract Code; and WHEREAS, it is imperative that this work get underway immediately and that a delay in obtaining formal bids is not permitted under the time limitations that exist, NOW, THEREFORE, IT IS RESOLVED AND ORDERED: 1. An emergency exists that does not permit the delay necessary in seeking formal bids for the work necessary to stabilize the Mills Canyon Area for the coming winter. 2. The City Manager is hereby authorized and directed to enter into a contract with Hillside Drilling Company in an amount not to exceed $150,469.00. In addition, the Director of Public Works with the approval of the City Manager is authorized to execute change orders of up to thirty percent (305) more in light of the complicated nature of the work and possible unforeseen soils conditions that may be found. 3. The City Clerk is requested to attest to the signature of the City Manager. 4. Pursuant to Public Contract Code § 22050(c), the City Manager shall provide a report on the emergency action taken at each regular Council meeting until such time as the Council directs otherwise or the emergency situation has been mitigated. MAYOR I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that the foregoing resolution was introduced at a regular meeting of the City Council held on thethday of September 2006, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BAYLou, comm, KEiGBeAN, olmAnorn NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NAGE, a,�� CITY CLERK' �`