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HomeMy WebLinkAbout089-2014RESOLUTION NO. 89-2014 AUTHORIZING AN EMERGENCY STORM DRAIN REPAIR ON RAILROAD AVENUE PURSUANT TO CALIFORNIA PUBLIC CONTRACT CODE SECTIONS 20168 AND 22050 WHEREAS, the Danville Town Council has appropriated funding in the Capital Improvement Program for the Railroad Avenue Improvements Project No. C -405; and WHEREAS, a construction contract for work on said project was awarded on July 15, 2014, according to Resolution No. 57 -2014, and said contractor subsequently began work by installing storm drain pipe on Railroad Avenue; and WHEREAS, on November 17, 2014, the Town terminated its contract with said contractor, leaving the storm drain installation incomplete; and WHEREAS, with a forecast of winter rain, an emergency repair of the incomplete storm drain pipe was needed to safeguard life, health, and /or property; and WHEREAS, said emergency work is exempt from the requirements of the California Environmental Quality Act according to California Public Resources Code Section 21080(b)(2) and Guidelines Section 15269; and WHEREAS, the Town solicited informal bids from contractors because the formal competitive bidding process would have delayed immediate action; and WHEREAS, the Town Manager entered into an emergency contract with Talus Construction from San Ramon on December 1, 2014, after receiving three informal bids; now, therefore, be it RESOLVED, that the Danville Town Council finds, based on substantial evidence, that the repair of the storm drain on Railroad Avenue was an emergency that would not permit a delay resulting from a competitive solicitation of bids, and that immediate action was necessary to respond to said emergency in conformance with California Public Contract Code §22050; and, be it further RESOLVED, by the Danville Town Council that it was in the public interest to expend public money to safeguard life, health, and /or property in conformance with California Public Contract Code §20168; and, be it further RESOLVED, by the Danville Town Council, that the Town Manager has now been authorized retroactively to execute, on behalf of the Town, a written contract with Talus Construction for $41,403 based on informal bids, and is further authorized to use a 10% construction contingency of $4,410 for a total construction budget of $45,543 for emergency work in connection therewith, and the City Clerk is hereby directed to attest same and affix thereto the official seal of the Town. APPROVED by the Danville Town Council at a special meeting on December 9, 2014, by the following vote: AYES Doyle,'Stepper, Arnerich, Morgan, Storer NOES: None ABSTAINED: None ABSENT: None AYOR -��- APPROVED AS TO FORM: � CITY ATTORNEY PAGE 2 OF RESOLUTION NO. 89-2014