HomeMy WebLinkAboutResolution 5322 Declaring Emergency Exemption from Advertisements for Bids for Pear Street Booster Station Water Main RepairVersion April 2020
RESOLUTION 5322
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING AN EMERGENCY TO EXEMPT THE 2021 PEAR STREET
BOOSTER STATION WATER MAIN REPAIR PROJECT FROM ADVERTISEMENT
FOR BIDS PURSUANT TO SEC. 7-5-4303 MCA AND AUTHORIZING THE CITY
MANAGER TO SIGN A NOTICE OF AWARD WITH DUNEMAN CONSTRUCTION,
INC. TO COMPLETE THE 2021 PEAR STREET BOOSTER STATION WATER MAIN
REPAIR PROJECT AT A COST OF $96,910.00 AS WELL AS CONTRACT
DOCUMENTS ONCE RECEIVED
WHEREAS, the City Commission is authorized pursuant to Sec. 7-5-4303 MCA, to
exempt certain construction contracts from bidding and advertising requirements upon the
happening of an emergency caused by fire, flood, explosion, storm, earthquake, riot, insurrection,
or other similar emergency; and
WHEREAS, the City Commission may proceed in any manner which, in the judgment of
three-fourths of the members of the City Commission present at a meeting, duly recorded in the
minutes of the proceedings of the meeting by aye and nay vote, will best meet the emergency and
serve the public interest;
WHEREAS, sudden failure of an existing 18” cast iron water main fitting immediately
adjacent to the Pear Street Booster Station has rendered the station inoperable, causing the
happening of an “other similar emergency” under Sec. 7-5-4303 MCA due to the inability to move
water produced from the Lyman water supply system into the remainder of the City’s water
distribution system, which is an imperative operating function should the Sourdough Water
Treatment Plant supply become reduced or otherwise not available; and
WHEREAS, by passage and adoption of Resolution 5315 on July 13, 2021, the City
Commission declared a Stage Two drought and further authorized the City Manager, through
administrative order, to issue subsequent drought stage declarations in order to preserve the City’s
available water supply for those purposes essential to public health, safety, and welfare; and
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Version April 2020
WHEREAS, the 2021 Pear Street Booster Station Water Main Repair Project addresses
the emergency by returning the station to service immediately and without delay through
proactively replacing existing fittings of similar age and condition to that which experienced
sudden failure; and
WHEREAS, the City Engineering Staff prepared a limited solicitation to obtain bids from
four local contractors that have performed similar such work for the City in the past and received
two bids for the 2021 Pear Street Booster Station Water Main Repair Project; and
WHEREAS, Duneman Construction, Inc. submitted the low bid at a bid price of
$123,310.00.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that:
Section 1
The Bozeman City Commission hereby declares an emergency due to the City’s inability to
operate the Pear Street Booster Station during a drought declaration, by recognizing the critical
function the station performs to provide emergency water supply to City residents in the event the
water supply from the Sourdough Water Treatment Plant is reduced or otherwise not available.
The City Commission determines this emergency requires immediate action to ensure sufficient
availability of water supply and any additional delay is not in the public interest.
Section 2
The Bozeman City Commission, by motion and affirmative vote of three-fourths of the members
present at the July 20, 2021 City Commission meeting, duly recorded in the minutes of the
proceedings of the City Commission, concur with the actions taken by City Engineering Staff to
prepare construction plans and specifications for the 2021 Pear Street Booster Station Water Main
Repair Project in order to prepare a limited solicitation to obtain bids from four local contractors
without public advertisement of bids.
Section 3
The Bozeman City Commission hereby authorizes the City Manager to sign a Notice of Award
with Duneman Construction, Inc. for the 2021 Pear Street Booster Station Water Main Repair
Project in the amount of $96,910.00 as well as Contract Documents once received.
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PASSED, ADOPTED, AND APPROVED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 20th day of July, 2021, by unanimous
vote of its members present.
___________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
___________________________________
MIKE MAAS
City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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