The URL can be used to link to this page

Home My WebLink About2009 014 CC RESO2009 014 CC RESOHÄ—@¸—3ÇXþRESOLUTION NO. 2009-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DECLARING AN EMERGENCY AND AUTHORIZING ENTERING INTO A CONSTRUCTION AGREEMENT WHEREAS, before City property was acquired by Caltrans for the 1-10 HOV project, during the negotiations with Caltrans, staff used a contractor as a resource to help establish relocation costs. The contractor, Mark Drop Corporation, was, therefore, very familiar with the details of the facilities modifications which when completed would allow Caltrans to demolish and clear out the property to be acquired and construct the new frontage roadway Garvey Avenue); WHEREAS, on March 3, 2009, the City received payment from Caltrans, which included the value of facilities modifications, as approved by the City Council; WHEREAS, Caltrans indicated they would like to exercise the Temporary Construction Easement TCE) which meant construction would soon begin and the City Yard would need the entry gate relocated; WHEREAS, due to the number of meetings the contractor was involved in, the contractor assumed a notice to proceed was implied by Caltrans when it indicated its desire to occupy the TCE; WHEREAS, the contractor began work without City authorization; WHEREAS, due to a staff transition at the yard, supervision staff at the yard was not aware the contractor would be reporting to the City and not Caltrans; WHEREAS, the contractor has completed a portion of the work; WHEREAS, staff is confident dispensing with formal bids is economically advantageous since the cost of developing plans and specification is about $7,500 and additional costs for the work would be expected; WHEREAS, also, such bidding process would take approximately 20 days, and formal advertising, bidding, and award would add 60 days, for a total time of 80 days; BIB] 40073-U01 2009-U02 014-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO122560-U03 DO124813-U03 C6-U03 RESO-U03 7/29/2009-U04 ROBIN-U04 2009 014 CC RESOHÄ—@¸—3ÇXþResolution No. 2009-014 Page 2 WHEREAS, that time frame would not meet the City's deadline to make modifications to City Yard facilities; WHEREAS, based on the foregoing, the proposed contract is at a very good price and meets the goals of publicly bidding a project; WHEREAS, therefore, the City Council declares an emergency requiring it to forego the formal bidding requirements and award a contract based on the authority granted by the Public Contracts Code section 20168; WHEREAS, pursuant to that section, by a four-fifths vote the City Council can award a public works contract without formal bidding when an emergency is present, which will affect public property; WHEREAS, as described above, unless the work which was previously commenced is timely completed, the City and Caltrans will suffer delays and added expenses for the completion of the 1-10 HOV Project. Such delay will result in likely damage to City property as Caltrans proceeds with the 1-10 HOV Project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Based on the foregoing recitations, the City Council hereby declares an emergency exists, pursuant to Public Contracts Code section 20168, and authorizes entering into a contract for the subject work in the amount of $58,900. SECTION 2. The City Clerk shall certify as to the adoption of the Resolution and shall cause the same to be processed in the manner required by law. APPROVED AND ADOPTED this 6tt',day of May, 009. BIB] 40073-U01 2009-U02 014-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO122560-U03 DO124813-U03 C6-U03 RESO-U03 7/29/2009-U04 ROBIN-U04 2009 014 CC RESOHÄ—@¸—3ÇXþResolution No. 2009-014 Page 3 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, LAURA M. NIETO, Deputy City Clerk, of the City of Baldwin Park do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Baldwin Park at its regular meeting of the City Council on May 6th,2009, by the following vote: AYES: COUNCILMEMBERS: Anthony J. Bejarano, Ricardo Pacheco, Mayor Pro Tern Monica Garcia and Mayor Manuel Lozano NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: Marlen Garcia ABSTAIN: COUNCILMEMBERS: NONE URA M. NIETO, CMC Deputy City Clerk BIB] 40073-U01 2009-U02 014-U02 CC-U02 RESO-U02 LI3-U03 FO8417-U03 FO122560-U03 DO124813-U03 C6-U03 RESO-U03 7/29/2009-U04 ROBIN-U04