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HomeMy WebLinkAboutResolution - 3217 STATE OF CALIFORNIA ) RESOLUTION NO. 3217 COUNTY OF RIVERSIDE)ss CITY OF SAN JACINTO ) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR ROADWAY SHOULDER REPAIR WORK ALONG RAMONA EXPRESSWAY, EAST OF WARREN ROAD WHEREAS, the City of San Jacinto ("City') is charged with protecting the health, safety and welfare of the residents within the City; and WHEREAS, very recent severe rainstorms within the City have caused significant erosion along the Southern side of Ramona Expressway, generally located east of Warren Road, causing the need for shoulder repair work in order to mitigate the impacts of such erosion and prevent further erosion from affecting the recently installed Ramona Expressway improvements; and WHEREAS, San Jacinto Municipal Code section 3.08.120(A) provides that emergency work shall be performed without the benefit of competitive bidding, either formal or informal, but that expenditures of more than one hundred thousand dollars ($100,000) shall first be approved by the City Council; and WHEREAS, SJMC section 3.08.010 defines an "emergency' by reference to that term's definition in California Public Contract Code sections 22035 and 22050, i.e., a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services, including such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage; and WHEREAS, the City Council hereby finds that the recent severe rainstorms have caused a sudden, unexpected occurrence of erosion along ramona Expressway, causing a clear and imminent danger, demaning immediate action to prevent or mitigate the loss of, or damage to, life, health, property or essential public services, which would be caused by further erosion and the deterioiration of the recent Ramona Expressway improvements; and WHEREAS, the City Engineer has obtained quotes for the emergency project using an "alternative bidding procedure" wherein the City Engineer has obtained price quotes from one or more potential contractors or suppliers, and has recommended the quote that has been determined to be in the best interests of the City; Page 1 of 3 WHEREAS, the City Council further finds that the emergency will not permit a delay resulting from further competitive solicitations for bids, and that the action is necessary to respond to the emergency, because further rainstorms are expected in the very near future, which could cause significant damage to Ramona Expressway if this emergency repair work is not timely completed; and WHEREAS, based on the foregoing as well as the staff report and testimony presented at the City Council meeting at which this Resolution is adopted, the City Council hereby finds that the emergency created by the recent severe rainstorms will not permit a delay resulting from further competitive solicitations for bids, and that this action is necessary to respond to the emergency created by the recent severe rainstorms and upcoming rainy winter season. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: SECTION 1. The City Manager is hereby ordered and authorized to provide for the emergency Ramona Expressway shoulder improvements to Pokrajac Corporation. The City Council hereby appropriates an amount, not to exceed $275,000, for this project, and further provides that said appropriation may be reimbursed from any other fund authorized by law to pay for such improvements. The City Manager or his designee is authorized to execute any document, and to take any action, necessary to effectuate this resolution. SECTION 2. The City Council shall review the emergency action at its next regularly scheduled meeting and at very regularly scheduled meeting thereafter until the work ordered hereby is terminated. Such review shall be for the purpose of determining, by a four-fifths vote, that there is a need to continue the work. Said review may be conducted as a consent calendar item. SECTION 3. This resolution shall be effective immediately upon adoption. Page 2 of 3 APPROVED and ADOPTED, this 19th day of December, 2008 by the following vote: Ayes: Di Memmo, Mansperger, Potts, Stubblefield Nays: None Absent: Ayres Abstain: None r j City of San Jacinto y'IU3 Cj L, by ale Stubblefiel Mayor �j'0.4 1. ATTEST: orothy Ch uinard, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP effrey S. Balling City Attorney Page 3 of 3