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HomeMy WebLinkAboutReso - CC - 065-2024RESOLUTION NO. 065-2024 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ANVIL BUILDERS, INC. FOR THE MILLS CANYON LANDSLIDE REPAIR, CITY PROJECT NO. 86780 IN THE AMOUNT OF $744,964.50; TRANSFERRING $1,250,000 FROM THE GENERAL FUND RESERVE TO THE PARKS AND TREES CAPITAL IMPROVEMENT PROJECT FUND; AND INCREASING THE PROJECT APPROPRIATION BY $1,250,000 WHEREAS, the City of Burlingame Capital Improvement Program has identified the Mills Canyon landslide repair project as a priority repair; and WHEREAS, the City of Burlingame has taken appropriate proceedings to authorize construction of the public work and improvements provided for in the attached contract; and WHEREAS, a notice was duly published on April 5, 2024, for bids for the contract for the Mills Canyon Landslide Repair; and WHEREAS, on April 24, 2024, all proposals were received and opened before the City Clerk and representatives of the Parks & Recreation Department; and WHEREAS, Anvil Builders, Inc. submitted the lowest responsive and responsible bid for the project in the amount of $744,964.50; and WHEREAS, the City had previously contracted with Anvil Builders for City Project No. 83390 related to the City's pump station near Cowan Rd, and the City and Anvil have received claims for flood damage from the property owners/tenants in this area related to Anvil’s performance of this prior contract; and WHEREAS, there remains a dispute between the City and Anvil regarding the responsibility for the claims, and the City contends that any alleged damages, if found, would arise from a period of Anvil’s performance in Project No. 83390; and WHEREAS, acceptance of Anvil’s lowest responsive bid in this project is made pursuant to the City’s contracting policies and the California Public Contracting Code and is not a reflection of any City position or argument related to Anvil’s performance on City Project Nos. 84820 & 83390. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME RESOLVES AND ORDERS AS FOLLOWS: 1. The facts in the recitals above and in the staff report are true and correct and fully incorporated herein. DocuSign Envelope ID: 146C1833-330E-4500-8195-ED92ADE0268A 2. The Plans and Specifications, including all addenda, are approved and adopted. 3. The bid from Anvil Builders, Inc. in the amount of $744,964.50 is the lowest responsive and responsible bid for said project and is accepted. 4. Funds in the amount of $1,250,000 will be transferred from the General Fund Reserve to the Parks and Trees Capital Improvement Project Fund Mills Canyon Landslide Repair, City Project 86780. 5. The City shall enter into a contract with the successful bidder, Anvil Builders, Inc., for the performance of the Mills Canyon Landslide Repair Project, Project No. 86780, in the form attached hereto, and the City Manager is authorized on behalf of the City of Burlingame to execute said contract and to approve the faithful performance bond and the labor materials bond required to be furnished by the contractor. ___________________________________ Donna Colson, Mayor I, Meaghan Hassel-Shearer, City Clerk of the City of Burlingame, certify that the foregoing resolution was introduced at a regular meeting of the City Council held on the 20th day of May, 2024, and was adopted thereafter by the following vote: AYES: COUNCILMEMBERS: BEACH, BROWNRIGG, COLSON, PAPPAJOHN, STEVENSON NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ___________________________________ Meaghan Hassel-Shearer, City Clerk DocuSign Envelope ID: 146C1833-330E-4500-8195-ED92ADE0268A