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Resolution 14006CITY OF ALAMEDA RESOLUTION NO.14006 AUTHORIZING OPEN MARKET NEGOTIATION OF CONTRACT PURSUANT TO SECTION 3-15 OF THE ALAMEDA CITY CHARTER FOR THE MODULAR RECREATIONAL BUILDING AND SITE IMPROVEMENTS AT WASHINGTON PARK, NO. P.W. 05-06-17, AND AUTHORIZING THE CITY MANAGER TO ENTER INTO SUCH AN AGREEMENT FOR $650,000, INCLUDING A 10% CONTINGENCY (REQUIRES FOUR AFFIRMATIVE VOTES) WHEREAS, on June 20, 2006, City Council authorized a call for bids for Modular Recreational Building and Site Improvements at Washington Park, No. P.W. 05-06-17; and WHEREAS, on July 25, 2006 the bids were opened and both bids exceeded the engineer estimate of $538,784 and the available Proposition 12 funding; and WHEREAS, the Proposition 12 funding must be expensed and invoiced by March 2007 or the funding will be reclaimed by the State; and WHEREAS, the loss of grant funding from Proposition 12 will esu t in Washington Park not being replaced; and WHEREAS, negotiations with a contractor that will provide a modular building currently approved by the Office of the State Architect is required to avoid a delay in the project completion and meet the funding deadline; and WHEREAS, a reduction in the scope of work and open market negotiations is needed to meet the funding deadline; and WHEREAS, Section 3-15 of the City Charter provides that the City Council, by four affirmative votes, can authorize an open market negotiation if it determines that great necessity or emergency requires immediate action; and WHEREAS, because any further delay will likely cost the City both by the loss of grant funding and further expenses related to the process of re-bidding without the guarantee that the project will be within the budget appropriated, the City Council finds that great necessity requires that immediate action be taken negotiate the contract for the modular recreational building and site improvements at Washington Park. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Alameda, pursuant to Section 3-15 of the City Charter, and by four affirmative votes, the City Manager, in cooperation of the Public Works Department, is hereby authorized to enter into open negotiations of contract for the modular recreational building and site improvements at Washington Park, No. P.W. 05- 06-17, and authorizing the City Manager to enter into such an agreement for $650,000, including a 1O% Contingency. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly adopted and passed by the Council of the City of Alameda iii the Regular Meeting of the City Council on the 5th day of September 2006, by the following vote to wit: AYES: Councilmembers Daysog, deHaan, Gilmore, Matarrese and Mayor Johnson - 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 6th day of September, 2006. Lara Weisiger, City Cie City of Alameda